Constitution of Belarus
Encyclopedia
The Constitution of the Republic of Belarus is the ultimate law
of Belarus
. Adopted in 1994, three years after the country declared its independence from the Soviet Union
, this formal document establishes the framework of the Belarusian state and government
and enumerates the rights and freedoms of its citizens. The Constitution was drafted by the Supreme Soviet of Belarus, the former legislative body of the country, and was improved upon by citizens and legal experts. The contents of the Constitution include the preamble
, nine sections, and 146 articles.
The structure and substance of the Constitution were heavily influenced by constitutions of Western powers
and by Belarus' experiences during the Soviet era. While much of the Constitution establishes the government's functions and powers, an entire section details rights and freedoms granted to citizens and residents. The Constitution has been amended twice since the original adoption, in 1996 and in 2004. Two referendum
s that were disputed by independent observers and government opposition leaders increased the power of the presidency
over the government and eliminated the term limit
s for the presidency.
. Belarus continued to use this constitution until it – along with Russia, Ukraine
, and the Transcaucasus – signed a treaty to form the Soviet Union
. Now the Byelorussian Soviet Socialist Republic (Byelorussian SSR), the country adopted its first Soviet-era constitution in 1927, complementing the recently adopted Soviet Constitution
. After a re-adoption in 1937, the Byelorussian SSR adopted its last Soviet-era constitution in 1978, mainly to reflect changes made in the 1977 Soviet Constitution.
When Belarus became independent from the Soviet Union
in 1991, the Supreme Soviet of Belarus passed the Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic
, giving powers to itself to alter the 1978 constitution of the Byelorussian SSR. Soon afterwards, the government established a Constitution Commission to facilitate the adoption of a post-Soviet constitution. In November 1991, the commission sent the first of three drafts to the Supreme Soviet. Upon approval from the Supreme Soviet, the first draft was published in December 1991 in order for the Belarusian populace to make comments and suggestions. The commission submitted the third and final draft to the Supreme Soviet, where it was signed on March 15, 1994 by the Speaker of the Supreme Soviet and Head of State, Myechyslaw Hryb. The gazette Zvezda officially published the Constitution fifteen days later. The Supreme Soviet passed a second law along with the Constitution, titled the Enactment Law, rendering the 1978 Byelorussian SSR Constitution and the Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic void, with a few exceptions. The law, passed during the thirteenth session of the Supreme Soviet
, also provided transitional phases for office holders and government organs to form within two years. Every year since 1994, March 15 has been commemorated in Belarus as Constitution Day
, a national holiday.
The Constitution introduces separation of powers
. According to Belarusian law, each office is separate but must work together to serve the people. The Constitution also makes Belarus a presidential democracy, significantly reducing the role of the prime minister. Of the fifteen former Soviet republics
, Belarus was the last to create and pass a new constitution subsequent to the dissolution of the USSR. A delay occurred due to debates among Supreme Soviet deputies, who were also trying to stave off the opposition and democratic forces who wanted to close the Supreme Soviet down for good. A power struggle to determine the relationship between the new executive branch and the legislature caused much of the debate in 1992 and 1993. The former chairman of the Supreme Soviet, Stanislau Shushkevich, criticized the early drafts due to the amount of power granted to the president. The opposition Belarusian Popular Front criticized the final drafts due to the lack of balance between the two parties and for allowing Vyachaslau Kebich
to run for presidential elections in June of that year despite serving in the same role with the SSR.
When drafting the Belarus Constitution, the Supreme Soviet deputies were influenced by the constitutions of various countries, including Austria
, Belgium
, Denmark
, France
, Germany, Italy
, Sweden
, and the United States
. Internally, the Constitution was influenced by the period of Soviet domination and a desire to bring back traditions brushed aside by the Soviet Government. The structure of the Constitution is similar to the Russian Federation: for example, the office of the President has powers analogous to those granted to the President of Russia. Overall, the Constitution sought to preserve the statehood of Belarus from pro-Russian unity movements, provide a strong head of state that could cure the ailments Belarus would endure in the post-Soviet era, and lay out a compromise between the political factions in Belarus.
of the Constitution, Belarus assumes the responsibility for its destiny as a member of the international community. To execute this responsibility, the government undertakes to show "adherence to values common to all mankind, founding ourselves on our inalienable right to self-determination," which is "supported by the centuries-long history of development of Belarusian statehood." Belarus also pledges to honor the rights and freedoms of its citizens and to maintain a stable government that is run by the people and based on the rule of law.
The government itself has a system of checks and balances for each branch of the government, but all of the branches are to be independent from influence from the other branches. The government is authorized to pass laws conforming with the provisions of the Constitution, by which it is expected to abide. If the laws do not conform with the Constitution, then they can be declared void. The laws themselves are subject to international law and Belarus is willing to "recognize the supremacy of the universally acknowledged principles of international law and ensure that its laws comply with such principles."
The territory of Belarus is divided into discrete regions, called oblast
s. The oblasts are further divided into districts which are in turn subdivided into cities. The Constitution also allows for special regions to be created, which are to be controlled by legislation. Citizens of Belarus are also promised protection and sponsorship, regardless of whether they are inside Belarusian borders or in a foreign country. With some exceptions, those who do not have a nationality and foreigners are, under the Constitution, granted the same status and rights as citizens of Belarus. Belarus also has the power to grant asylum to those who have been subject to persecution due to their ethnic background, political ideology or religious affiliation.
The Constitution also establishes Belarusian
and Russian as the official languages of the country, pledges neutrality
and non-nuclear proliferation
, adopts national symbols, and establishes Minsk
as the capital (Minsk was previously the capital of the Belarusian Soviet Socialist Republic).
. No one is allowed to "enjoy advantages and privileges that are contrary to the law." A state of emergency, which can be called by the President of Belarus
according to Article 84, has to be approved by the Council of the Republic within three days of its announcement, according to Article 98.
The Constitution provides that life is a right and that the government will protect the lives of its citizens against other citizens who wish to harm them or their property. The Constitution also allows for the death penalty
to be exercised for grave crimes, but only in accordance with national law. If citizens are arrested, they are granted due process
of law and do not have to testify against themselves or their family members. Citizens are also given the right to vote, housing, compensation for their share of work, and have the ability to move wherever they wish inside Belarus, and have the right to protest against the government.
s.
In Belarus, the right to vote in elections and plebiscites is extended to those who are above the age of eighteen. During elections and plebiscites, a citizen can vote or not vote without any consequences from the government. The Constitution describes two methods of preventing a citizen from voting. First, a court can issue an order stating that the citizen does not have the mental capacity to understand and to cast a ballot. Second, a person being held in detention or confined in a prison during an election cannot cast a ballot. The Constitution says nothing about the voting rights of those who have served their prison terms, nor does it state how those citizens gain the rights back.
National referendums, or plebiscites, are elections whereby citizens can determine whether a specific legal text can become official law or not. For this to take place, one of the following conditions must be met: The president wishes to hold one, both houses of the National Assembly request to hold one, or the citizens petition for it. If the National Assembly
calls for a plebiscite, a majority is needed in both chambers for it to be official. If the citizens request a plebiscite, they must gather 430,000 signatures from eligible voters across the country. Additionally, over 30,000 people from each region must sign the petition, including the capital Minsk. Once either condition is met, the president must issue a decree setting the date of the national plebiscite. The plebiscite must take place less than three months after the decree was signed. Local cities can hold their own plebiscites if ten percent of the local population ask for it.
of the Republic of Belarus, the Council of Ministers, the Parliament of Belarus and the courts. Although elected by the Belarusian people, the president must not be a member of a political party when he or she assumes office. The Constitution also lists official duties for various posts, such as the president being the commander-in-chief of the Belarusian Armed Forces. The section also describes procedures for situations where the president cannot continue duties or if the president dies in office.
Chapter Four lists the powers and duties of the Parliament of Belarus, which is called the National Assembly
. The National Assembly itself is divided into two houses: the lower House of Representatives and the upper Council of the Republic
. While each house has its own rules governing how members are elected, members decide on the various bills that could become Belarusian law and approve the nominations of cabinet heads that the president chooses.
The Council of Ministers of the Republic of Belarus, headed by the prime minister, is the body of officials that are heads of various ministries of the Belarusian government. The president appoints each member of the council, but the National Assembly must also approve each member. Council members stays on until their term as a minister is over or the president has been replaced.
The Constitutional Court of the Republic of Belarus is the highest court in Belarus. While other courts deal with civil or criminal issues, the Constitutional Court deals with matters involving the Constitution and the legality of certain laws passed by the government. The court has the power to declare any law unconstitutional. From April until May 2007, the Constitutional Court reviewed 101 laws and decrees; they were deemed to be constitutional. The court that deals with criminal law matters is the Supreme Court of Belarus
.
The State Supervisory Committee is tasked with monitoring the national budget, implementing the president's economic policy, and regulating the use of government property. As with the prosecutor general, the State Supervisory Committee is appointed by the president.
responsibilities of Belarus. A national budget must be created, along with budgets for the local regions and cities. The money used in the national budget is acquired from national taxes and fines, and payments made to Belarus by foreign governments. At the end of a fiscal year, the National Assembly must review the budget for the next fiscal year within five months. After the review and passing of the national budget, it is published for public viewing. Local budgets follow the same procedures. The National Bank of the Republic of Belarus
is the state bank of Belarus and is the office responsible for issuing the national currency, the Belarusian ruble
.
To amend the Constitution, one of two things must happen before the National Assembly
can consider the measure: The president must suggest the change, or 150,000 eligible voters must send a petition to the National Assembly. Both chambers of the National Assembly must discuss the proposed amendments for a minimum of three months. Two conditions can prevent a discussion from taking place: Either there is a state of emergency, or there are less than six months in the current term of the House of Representatives. In order for an amendment to take effect, it must be approved by either two-thirds of both chambers of the National Assembly or a simple majority of the voting population of Belarus in a national referendum. The only restriction is that Sections One, Two, Four and Eight can only be changed by national referendum. Rules for conducting a national referendum are enumerated in Chapters 22 through 25 of the Electoral Code of the Republic of Belarus. Since the original adoption of the Constitution in 1994, it has been amended twice; once in 1996 and once in 2004.
assumed the presidency in 1994, he stated his intention to amend the recently-passed Constitution. The amendments, according to Lukashenko, would expand the power of his office, marking a turning point in post-Soviet era politics in Belarus. A May 1995 national referendum was the first step in the amendment process. Out of the four questions, one asked if the president could disband parliament if the members violate national law. The vote, which several Supreme Soviet deputies protested, resulted in 77% in favor of the provision regarding the dismissal of the legislature by the president. Other questions on the ballot, such as the national flag
and national emblem, didn't affect the Constitution as a whole, but their status has been decided by the Constitution. Two years later, Lukashenko scheduled the first referendum that would potentially alter the Constitution. The last referendum on the Constitution occurred in 2004, also scheduled by Lukashenko.
after the Supreme Soviet refused to support the measures or set up a date for the vote. An earlier attempt by the Supreme Soviet to establish their own referendum in September 1996 was struck down as "inconsistent with the Constitution" by the Constitutional Court. The referendum amended the Constitution mostly to strengthen the power of the presidency. Amongst the changes made were the following:
1- The Supreme Soviet
, the unicameral parliament of Belarus, was abolished. The Supreme Soviet was replaced by the National Assembly
, a bicameral parliament;
2- The term of President Alexander Lukashenko was extended from 1999 until 2001.
During the referendum, 84% of the approximately 7.5 million voters approved the amendments. On November 28 of that year, President Lukashenko signed the changes into law. Other results not directly related to the voting included the expanding role of the Council of Ministers, which allowed it to deal with issues related to development of economic, social and political spheres within Belarus. The 1996 referendum was not, however, the first call to dissolve the Supreme Soviet. In 1991 and 1992, after the August coup in Moscow by senior CPSU
officials, democratic forces in the government wanted to dissolve the Supreme Soviet permanently. The members of the Belarusian Popular Front pressed for a referendum, and despite achieving the number of signatures required by law at the time, the Supreme Soviet quashed the measure.
The results of the 1996 referendum led to the exclusion of opposition parties from the new parliament. Due to problems associated with transparency and ballot stuffing
, the European Union, United States and several other nations do not recognize the results of the vote.
was only allowed to serve two terms before the Constitution required him to step down. The voter turnout for the referendum was nearly 90%, with 77.3% of the voters agreeing to eliminating term limits. The changes were implemented on October 17, 2004. Like the 1996 referendum, the validity of the vote was brought into question. According to the OSCE, many polling places went without independent observers. The OSCE believed that the standards of the vote did not meet OSCE requirements for "free and fair elections". Data from other NGO's point out that 50% of voters did not participate in the referendum, so they contend that the results reported by the government are flawed. Two years later, Lukashenko ran in the 2006 election and won 83% of the vote during the first ballot. With no term limits, Lukashenko states that, depending on his health, he will not retire from politics and might run for re-election in 2011.
, presidential candidate Alaksandar Milinkievič
stated that Belarus' stance as a neutral country, stated in Article 18, should be preserved with regard to joining NATO and the European Union. Legal interpretation of the Constitution is also brought into question. In a 1998 journal, the New York University
School of Law noted that Belarusian legal scholars came up with a new theory to deal with jurisprudence. Laws are constitutional if they follow the will of President Lukashenko and the people; unconstitutional if the president and the people do not like it. The laws that fall in the latter category are considered "ignored" by the legal scholars. In June 1999, a Special Rapporteur on the Independence of Judges and Lawyers from the United Nations
visited Belarus and noted inconsistency between national laws, decrees and the Constitution. The UN rapporteur
, Dato Param Cumaraswamy, especially noted that temporary decrees issued by the national authorities are still in force, even if they had expired or contradict the Constitution.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of Belarus
Belarus
Belarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
. Adopted in 1994, three years after the country declared its independence from the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
, this formal document establishes the framework of the Belarusian state and government
Government of Belarus
The Council of Ministers of the Republic of Belarus is the executive branch of state power in Belarus, and it is appointed by the President of Belarus...
and enumerates the rights and freedoms of its citizens. The Constitution was drafted by the Supreme Soviet of Belarus, the former legislative body of the country, and was improved upon by citizens and legal experts. The contents of the Constitution include the preamble
Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
, nine sections, and 146 articles.
The structure and substance of the Constitution were heavily influenced by constitutions of Western powers
Western world
The Western world, also known as the West and the Occident , is a term referring to the countries of Western Europe , the countries of the Americas, as well all countries of Northern and Central Europe, Australia and New Zealand...
and by Belarus' experiences during the Soviet era. While much of the Constitution establishes the government's functions and powers, an entire section details rights and freedoms granted to citizens and residents. The Constitution has been amended twice since the original adoption, in 1996 and in 2004. Two referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s that were disputed by independent observers and government opposition leaders increased the power of the presidency
President of Belarus
The office of President of Belarus is the head of state of Belarus. The office was created in 1994 with the passing of the Constitution of Belarus by the Supreme Soviet. This replaced the office of Chairman of the Supreme Soviet as the head of state...
over the government and eliminated the term limit
Term limit
A term limit is a legal restriction that limits the number of terms a person may serve in a particular elected office. When term limits are found in presidential and semi-presidential systems they act as a method to curb the potential for monopoly, where a leader effectively becomes "president for...
s for the presidency.
History
Belarus adopted its first constitution in 1919 when the country was a Soviet Republic (USSR)Republics of the Soviet Union
The Republics of the Soviet Union or the Union Republics of the Soviet Union were ethnically-based administrative units that were subordinated directly to the Government of the Soviet Union...
. Belarus continued to use this constitution until it – along with Russia, Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
, and the Transcaucasus – signed a treaty to form the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
. Now the Byelorussian Soviet Socialist Republic (Byelorussian SSR), the country adopted its first Soviet-era constitution in 1927, complementing the recently adopted Soviet Constitution
Constitution of the Soviet Union
There were three versions of the constitution of the Soviet Union, modeled after the 1918 Constitution established by the Russian Socialist Federative Soviet Republic , the immediate predecessor of the Union of Soviet Socialist Republics....
. After a re-adoption in 1937, the Byelorussian SSR adopted its last Soviet-era constitution in 1978, mainly to reflect changes made in the 1977 Soviet Constitution.
When Belarus became independent from the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
in 1991, the Supreme Soviet of Belarus passed the Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic
Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic
The Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic was a formal document issued by the Supreme Soviet of Belarus to assert their independence from the Soviet Union. Passed on July 27, 1990, the Declaration started the process to Belarus' eventual independence in August...
, giving powers to itself to alter the 1978 constitution of the Byelorussian SSR. Soon afterwards, the government established a Constitution Commission to facilitate the adoption of a post-Soviet constitution. In November 1991, the commission sent the first of three drafts to the Supreme Soviet. Upon approval from the Supreme Soviet, the first draft was published in December 1991 in order for the Belarusian populace to make comments and suggestions. The commission submitted the third and final draft to the Supreme Soviet, where it was signed on March 15, 1994 by the Speaker of the Supreme Soviet and Head of State, Myechyslaw Hryb. The gazette Zvezda officially published the Constitution fifteen days later. The Supreme Soviet passed a second law along with the Constitution, titled the Enactment Law, rendering the 1978 Byelorussian SSR Constitution and the Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic void, with a few exceptions. The law, passed during the thirteenth session of the Supreme Soviet
Supreme Soviet
The Supreme Soviet of the Soviet Union was the Supreme Soviet in the Soviet Union and the only one with the power to pass constitutional amendments...
, also provided transitional phases for office holders and government organs to form within two years. Every year since 1994, March 15 has been commemorated in Belarus as Constitution Day
Constitution Day
Constitution Day is a holiday to honor the constitution of a country. Constitution Day is often celebrated on the anniversary of the signing, promulgation or adoption of the constitution, or in some cases, to commemorate the change to constitutional monarchy:...
, a national holiday.
The Constitution introduces separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
. According to Belarusian law, each office is separate but must work together to serve the people. The Constitution also makes Belarus a presidential democracy, significantly reducing the role of the prime minister. Of the fifteen former Soviet republics
Republics of the Soviet Union
The Republics of the Soviet Union or the Union Republics of the Soviet Union were ethnically-based administrative units that were subordinated directly to the Government of the Soviet Union...
, Belarus was the last to create and pass a new constitution subsequent to the dissolution of the USSR. A delay occurred due to debates among Supreme Soviet deputies, who were also trying to stave off the opposition and democratic forces who wanted to close the Supreme Soviet down for good. A power struggle to determine the relationship between the new executive branch and the legislature caused much of the debate in 1992 and 1993. The former chairman of the Supreme Soviet, Stanislau Shushkevich, criticized the early drafts due to the amount of power granted to the president. The opposition Belarusian Popular Front criticized the final drafts due to the lack of balance between the two parties and for allowing Vyachaslau Kebich
Vyachaslau Kebich
Vyachaslau Frantsavich Kebich is a political figure from Belarus. He was the first Prime Minister of the Republic of Belarus, serving from 1991 until 1994, having held the equivalent office of the Byelorussian SSR since 1990. Kebich was also one of two candidates in the final running for President...
to run for presidential elections in June of that year despite serving in the same role with the SSR.
When drafting the Belarus Constitution, the Supreme Soviet deputies were influenced by the constitutions of various countries, including Austria
Constitution of Austria
The Constitution of Austria is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts...
, Belgium
Constitution of Belgium
The Constitution of Belgium dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. The Constitution established Belgium as a centralised unitary state...
, Denmark
Constitution of Denmark
The Constitutional Act of Denmark is the Kingdom of Denmark's constitution, or fundamental law. Originally verified in 1849, the last revision was signed on 5 June 1953 as "the existing law, for all to unswerving comply with, the Constitutional Act of Denmark".-Idea and structure:The main...
, France
Constitution of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth...
, Germany, Italy
Constitution of Italy
The Constitution of the Italian Republic was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended 13 times, was promulgated in the extraordinary edition of Gazzetta Ufficiale No. 298 on 27 December 1947...
, Sweden
Constitution of Sweden
The Swedish Constitution consists of four fundamental laws :* The 1810 Act of Succession * The 1949 Freedom of the Press Act * The 1974 Instrument of Government * The 1991 Fundamental Law on Freedom of Expression...
, and the United States
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. Internally, the Constitution was influenced by the period of Soviet domination and a desire to bring back traditions brushed aside by the Soviet Government. The structure of the Constitution is similar to the Russian Federation: for example, the office of the President has powers analogous to those granted to the President of Russia. Overall, the Constitution sought to preserve the statehood of Belarus from pro-Russian unity movements, provide a strong head of state that could cure the ailments Belarus would endure in the post-Soviet era, and lay out a compromise between the political factions in Belarus.
Preamble
In the preamblePreamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
of the Constitution, Belarus assumes the responsibility for its destiny as a member of the international community. To execute this responsibility, the government undertakes to show "adherence to values common to all mankind, founding ourselves on our inalienable right to self-determination," which is "supported by the centuries-long history of development of Belarusian statehood." Belarus also pledges to honor the rights and freedoms of its citizens and to maintain a stable government that is run by the people and based on the rule of law.
Section One: Principles of the Constitutional System
Section One of the Constitution sets up the governmental framework and specifies that the government is run by the people of Belarus. The government, which has been declared a multi-party representative democracy, forms its own foreign policy and is willing to defend the right to do so when necessary. Section One also establishes that the state protects the rights and freedoms of its citizens, but contains the proviso that a citizen of Belarus "bears a responsibility towards the State to discharge unwaveringly the duties imposed upon him by the Constitution."The government itself has a system of checks and balances for each branch of the government, but all of the branches are to be independent from influence from the other branches. The government is authorized to pass laws conforming with the provisions of the Constitution, by which it is expected to abide. If the laws do not conform with the Constitution, then they can be declared void. The laws themselves are subject to international law and Belarus is willing to "recognize the supremacy of the universally acknowledged principles of international law and ensure that its laws comply with such principles."
The territory of Belarus is divided into discrete regions, called oblast
Oblast
Oblast is a type of administrative division in Slavic countries, including some countries of the former Soviet Union. The word "oblast" is a loanword in English, but it is nevertheless often translated as "area", "zone", "province", or "region"...
s. The oblasts are further divided into districts which are in turn subdivided into cities. The Constitution also allows for special regions to be created, which are to be controlled by legislation. Citizens of Belarus are also promised protection and sponsorship, regardless of whether they are inside Belarusian borders or in a foreign country. With some exceptions, those who do not have a nationality and foreigners are, under the Constitution, granted the same status and rights as citizens of Belarus. Belarus also has the power to grant asylum to those who have been subject to persecution due to their ethnic background, political ideology or religious affiliation.
The Constitution also establishes Belarusian
Belarusian language
The Belarusian language , sometimes referred to as White Russian or White Ruthenian, is the language of the Belarusian people...
and Russian as the official languages of the country, pledges neutrality
Neutral country
A neutral power in a particular war is a sovereign state which declares itself to be neutral towards the belligerents. A non-belligerent state does not need to be neutral. The rights and duties of a neutral power are defined in Sections 5 and 13 of the Hague Convention of 1907...
and non-nuclear proliferation
Nuclear proliferation
Nuclear proliferation is a term now used to describe the spread of nuclear weapons, fissile material, and weapons-applicable nuclear technology and information, to nations which are not recognized as "Nuclear Weapon States" by the Treaty on the Nonproliferation of Nuclear Weapons, also known as the...
, adopts national symbols, and establishes Minsk
Minsk
- Ecological situation :The ecological situation is monitored by Republican Center of Radioactive and Environmental Control .During 2003–2008 the overall weight of contaminants increased from 186,000 to 247,400 tons. The change of gas as industrial fuel to mazut for financial reasons has worsened...
as the capital (Minsk was previously the capital of the Belarusian Soviet Socialist Republic).
Section Two: The Individual, Society and the State
Section Two describes rights the government grants to citizens. According to the document, providing and protecting these basic rights, which include the "right to a dignified standard of living, including appropriate food, clothing, housing and likewise a continuous improvement of necessary living conditions", is the top priority of the government. These rights are granted to all citizens of Belarus and every Belarusian is to be treated equally under Belarusian law. However, these rights can be removed for national security reasons or if Belarus is under a state of emergencyState of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
. No one is allowed to "enjoy advantages and privileges that are contrary to the law." A state of emergency, which can be called by the President of Belarus
President of Belarus
The office of President of Belarus is the head of state of Belarus. The office was created in 1994 with the passing of the Constitution of Belarus by the Supreme Soviet. This replaced the office of Chairman of the Supreme Soviet as the head of state...
according to Article 84, has to be approved by the Council of the Republic within three days of its announcement, according to Article 98.
The Constitution provides that life is a right and that the government will protect the lives of its citizens against other citizens who wish to harm them or their property. The Constitution also allows for the death penalty
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
to be exercised for grave crimes, but only in accordance with national law. If citizens are arrested, they are granted due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
of law and do not have to testify against themselves or their family members. Citizens are also given the right to vote, housing, compensation for their share of work, and have the ability to move wherever they wish inside Belarus, and have the right to protest against the government.
Section Three: Electoral System. Referendum
Section Three is divided into two chapters dealing with the organization and running of elections. The first chapter deals with the Belarusian electoral system and the second chapter details the organization of national referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s.
In Belarus, the right to vote in elections and plebiscites is extended to those who are above the age of eighteen. During elections and plebiscites, a citizen can vote or not vote without any consequences from the government. The Constitution describes two methods of preventing a citizen from voting. First, a court can issue an order stating that the citizen does not have the mental capacity to understand and to cast a ballot. Second, a person being held in detention or confined in a prison during an election cannot cast a ballot. The Constitution says nothing about the voting rights of those who have served their prison terms, nor does it state how those citizens gain the rights back.
National referendums, or plebiscites, are elections whereby citizens can determine whether a specific legal text can become official law or not. For this to take place, one of the following conditions must be met: The president wishes to hold one, both houses of the National Assembly request to hold one, or the citizens petition for it. If the National Assembly
National Assembly of the Republic of Belarus
The National Assembly of the Republic of Belarus is the bicameral parliament that governs the Eastern European country of Belarus. The two chambers of the National Assembly are:*Council of the Republic- The upper house...
calls for a plebiscite, a majority is needed in both chambers for it to be official. If the citizens request a plebiscite, they must gather 430,000 signatures from eligible voters across the country. Additionally, over 30,000 people from each region must sign the petition, including the capital Minsk. Once either condition is met, the president must issue a decree setting the date of the national plebiscite. The plebiscite must take place less than three months after the decree was signed. Local cities can hold their own plebiscites if ten percent of the local population ask for it.
Section Four: The President, Parliament, Government, the Courts
Section Four, which is divided into four chapters, outlines the functions of the Belarusian Government, mainly the PresidentPresident of Belarus
The office of President of Belarus is the head of state of Belarus. The office was created in 1994 with the passing of the Constitution of Belarus by the Supreme Soviet. This replaced the office of Chairman of the Supreme Soviet as the head of state...
of the Republic of Belarus, the Council of Ministers, the Parliament of Belarus and the courts. Although elected by the Belarusian people, the president must not be a member of a political party when he or she assumes office. The Constitution also lists official duties for various posts, such as the president being the commander-in-chief of the Belarusian Armed Forces. The section also describes procedures for situations where the president cannot continue duties or if the president dies in office.
Chapter Four lists the powers and duties of the Parliament of Belarus, which is called the National Assembly
National Assembly of the Republic of Belarus
The National Assembly of the Republic of Belarus is the bicameral parliament that governs the Eastern European country of Belarus. The two chambers of the National Assembly are:*Council of the Republic- The upper house...
. The National Assembly itself is divided into two houses: the lower House of Representatives and the upper Council of the Republic
Council of the Republic of Belarus
The Council of the Republic is the upper house in Belarus' bicameral parliament, the National Assembly. The Council comprises 64 members and the representation is based geographically, most of the elected members come from civil society organizations, labour collectives and public associations in...
. While each house has its own rules governing how members are elected, members decide on the various bills that could become Belarusian law and approve the nominations of cabinet heads that the president chooses.
The Council of Ministers of the Republic of Belarus, headed by the prime minister, is the body of officials that are heads of various ministries of the Belarusian government. The president appoints each member of the council, but the National Assembly must also approve each member. Council members stays on until their term as a minister is over or the president has been replaced.
The Constitutional Court of the Republic of Belarus is the highest court in Belarus. While other courts deal with civil or criminal issues, the Constitutional Court deals with matters involving the Constitution and the legality of certain laws passed by the government. The court has the power to declare any law unconstitutional. From April until May 2007, the Constitutional Court reviewed 101 laws and decrees; they were deemed to be constitutional. The court that deals with criminal law matters is the Supreme Court of Belarus
Supreme Court of Belarus
The Supreme Court of the Republic of Belarus is the highest-tier court inside of Belarus and acts as the final "court of review." Its general tasks include the oversight of lower-tier courts and can render justice in areas of general civil and criminal law...
.
Section Five: Local Government and Self-Government
Section Five permits the formation of local governments. Local governments are selected by the local population and they have the power to administer local affairs, such as budgets, social services, and economic development. They also have the authority to collect taxes. The president can appoint and dismiss the heads of the local governments on the approval of the relevant local council of deputies.Section Six: The Procurator's Office. The State Supervisory Committee
Section Six lists the office and duties of the prosecutor general (Procurator General in the official translation) and the State Supervisory Committee. The prosecutor general and his appointed assistant prosecutors are tasked with the balanced implementation of national, regional and local laws on all sectors of government and public society. The prosecutor general is appointed by the president with permission from the Council of the Republic.The State Supervisory Committee is tasked with monitoring the national budget, implementing the president's economic policy, and regulating the use of government property. As with the prosecutor general, the State Supervisory Committee is appointed by the president.
Section Seven: Financial and Credit System of the Republic of Belarus
Section Seven specifies the fiscalFiscal policy
In economics and political science, fiscal policy is the use of government expenditure and revenue collection to influence the economy....
responsibilities of Belarus. A national budget must be created, along with budgets for the local regions and cities. The money used in the national budget is acquired from national taxes and fines, and payments made to Belarus by foreign governments. At the end of a fiscal year, the National Assembly must review the budget for the next fiscal year within five months. After the review and passing of the national budget, it is published for public viewing. Local budgets follow the same procedures. The National Bank of the Republic of Belarus
National Bank of the Republic of Belarus
The National Bank of the Republic of Belarus is the central bank of Belarus, located in the capital city, Minsk. The bank was created in 1922 under the name of "Belarusian Republican Bank" by the Soviet of People's Commissars of Beylorussia, but soon worked under the direction of the State Bank of...
is the state bank of Belarus and is the office responsible for issuing the national currency, the Belarusian ruble
Belarusian ruble
The ruble is the currency of Belarus. The symbol for the ruble is Br and the ISO 4217 code is BYR.-First ruble, 1992–2000:The breakup of supply chain in the former Soviet enterprises demanded that goods be bought and sold on the market, often requiring cash settlement...
.
Section Eight: The Application of the Constitution
Section Eight describes processes for enforcing and amending the Constitution. The Constitution is the supreme law of the land, therefore other laws and edicts cannot conflict with it. If a conflict occurs, the Constitution applies. If the Constitution is not in conflict, but a law and a decree is, the law would be enforced.To amend the Constitution, one of two things must happen before the National Assembly
National Assembly of the Republic of Belarus
The National Assembly of the Republic of Belarus is the bicameral parliament that governs the Eastern European country of Belarus. The two chambers of the National Assembly are:*Council of the Republic- The upper house...
can consider the measure: The president must suggest the change, or 150,000 eligible voters must send a petition to the National Assembly. Both chambers of the National Assembly must discuss the proposed amendments for a minimum of three months. Two conditions can prevent a discussion from taking place: Either there is a state of emergency, or there are less than six months in the current term of the House of Representatives. In order for an amendment to take effect, it must be approved by either two-thirds of both chambers of the National Assembly or a simple majority of the voting population of Belarus in a national referendum. The only restriction is that Sections One, Two, Four and Eight can only be changed by national referendum. Rules for conducting a national referendum are enumerated in Chapters 22 through 25 of the Electoral Code of the Republic of Belarus. Since the original adoption of the Constitution in 1994, it has been amended twice; once in 1996 and once in 2004.
Section Nine: Final and Transitional Clauses
The ninth and last section of the Constitution was added following passage of the 1996 revision of Constitution and addresses laws passed before 1996. If the laws that were passed before the adoption of the Constitution are not in conflict with the Constitution, they are still enforced. All changes to the Constitution come into effect when formally issued by the president, unless specified otherwise. With the passage of the 1996 revision of the Constitution, the 1994 law "On the Procedure Governing the Entry into Force of the Constitution of the Republic of Belarus" ceased to be enforced. As a transitional measure, Section Nine states that the present (as of November 1996) leadership of Belarus can continue to serve until their term of service has been completed. When the Constitution is enforced, the national government is allowed to exercise their assigned duties. Unless otherwise stated in Article 143, Part 3, the national leadership must form state governmental bodies two months after the Constitution goes into effect.Amendments
After LukashenkoAlexander Lukashenko
Alexander Grigoryevich Lukashenko has been serving as the President of Belarus since 20 July 1994. Before his career as a politician, Lukashenko worked as director of a state-owned agricultural farm. Under Lukashenko's rule, Belarus has come to be viewed as a state whose conduct is out of line...
assumed the presidency in 1994, he stated his intention to amend the recently-passed Constitution. The amendments, according to Lukashenko, would expand the power of his office, marking a turning point in post-Soviet era politics in Belarus. A May 1995 national referendum was the first step in the amendment process. Out of the four questions, one asked if the president could disband parliament if the members violate national law. The vote, which several Supreme Soviet deputies protested, resulted in 77% in favor of the provision regarding the dismissal of the legislature by the president. Other questions on the ballot, such as the national flag
Flag of Belarus
The current national flag of Belarus was formally adopted on June 7, 1995, following the result of a referendum voted on by the Belarusian people in the previous month. This new design replaced a historical flag used by the Belarusian People's Republic of 1918, before Belarus became a Soviet...
and national emblem, didn't affect the Constitution as a whole, but their status has been decided by the Constitution. Two years later, Lukashenko scheduled the first referendum that would potentially alter the Constitution. The last referendum on the Constitution occurred in 2004, also scheduled by Lukashenko.
1996
More calls for constitutional reform came in 1996. President Lukashenko unilaterally established the referendumReferendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
after the Supreme Soviet refused to support the measures or set up a date for the vote. An earlier attempt by the Supreme Soviet to establish their own referendum in September 1996 was struck down as "inconsistent with the Constitution" by the Constitutional Court. The referendum amended the Constitution mostly to strengthen the power of the presidency. Amongst the changes made were the following:
1- The Supreme Soviet
Supreme Soviet of Belarus
The Supreme Soviet of Belarus was the immediate continuation of the Supreme Soviet of the Byelorussian Soviet Socialist Republic , which it its turn was the successor of the Central Executive Committee of Byelorussian SSR , and all of them were the highest organs of state power in Belarus during...
, the unicameral parliament of Belarus, was abolished. The Supreme Soviet was replaced by the National Assembly
National Assembly of the Republic of Belarus
The National Assembly of the Republic of Belarus is the bicameral parliament that governs the Eastern European country of Belarus. The two chambers of the National Assembly are:*Council of the Republic- The upper house...
, a bicameral parliament;
2- The term of President Alexander Lukashenko was extended from 1999 until 2001.
During the referendum, 84% of the approximately 7.5 million voters approved the amendments. On November 28 of that year, President Lukashenko signed the changes into law. Other results not directly related to the voting included the expanding role of the Council of Ministers, which allowed it to deal with issues related to development of economic, social and political spheres within Belarus. The 1996 referendum was not, however, the first call to dissolve the Supreme Soviet. In 1991 and 1992, after the August coup in Moscow by senior CPSU
Communist Party of the Soviet Union
The Communist Party of the Soviet Union was the only legal, ruling political party in the Soviet Union and one of the largest communist organizations in the world...
officials, democratic forces in the government wanted to dissolve the Supreme Soviet permanently. The members of the Belarusian Popular Front pressed for a referendum, and despite achieving the number of signatures required by law at the time, the Supreme Soviet quashed the measure.
The results of the 1996 referendum led to the exclusion of opposition parties from the new parliament. Due to problems associated with transparency and ballot stuffing
Ballot stuffing
Ballot stuffing is the illegal act of one person submitting multiple ballots during a vote in which only one ballot per person is permitted. The name originates from the earliest days of this practice in which people literally did stuff more than one ballot in a ballot box at the same time...
, the European Union, United States and several other nations do not recognize the results of the vote.
2004
Along with choosing members for the National Assembly, Belarusian voters were presented with a referendum regarding presidential term limits. Before the vote, President Alexander LukashenkoAlexander Lukashenko
Alexander Grigoryevich Lukashenko has been serving as the President of Belarus since 20 July 1994. Before his career as a politician, Lukashenko worked as director of a state-owned agricultural farm. Under Lukashenko's rule, Belarus has come to be viewed as a state whose conduct is out of line...
was only allowed to serve two terms before the Constitution required him to step down. The voter turnout for the referendum was nearly 90%, with 77.3% of the voters agreeing to eliminating term limits. The changes were implemented on October 17, 2004. Like the 1996 referendum, the validity of the vote was brought into question. According to the OSCE, many polling places went without independent observers. The OSCE believed that the standards of the vote did not meet OSCE requirements for "free and fair elections". Data from other NGO's point out that 50% of voters did not participate in the referendum, so they contend that the results reported by the government are flawed. Two years later, Lukashenko ran in the 2006 election and won 83% of the vote during the first ballot. With no term limits, Lukashenko states that, depending on his health, he will not retire from politics and might run for re-election in 2011.
Criticism of constitutional changes
Both referendums were severely criticized by the political opposition inside Belarus as well as by international observers such as the OSCE. Observers state that both referendums were non-transparent and that the real results were not published. Observers were not allowed to see the process of counting ballots. Specifically, the democratic opposition to President Lukashenko decided to boycott the 1996 referendum on the Constitution. During the same election, international observers found problems with the voting process or found pro-government advertisements or notices at polling places. Opposition parties contend that the vote to dissolve the Supreme Soviet in 1996 removed Belarus' last democratically elected parliament and installed Lukashenko's hand picked parliament. Despite the claims of manipulation of the elections and the Constitution itself, there are a few parts of the current constitution approved by key leaders of the Belarusian democratic opposition. In a 2005 interview with Radio Free EuropeRadio Free Europe
Radio Free Europe/Radio Liberty is a broadcaster funded by the U.S. Congress that provides news, information, and analysis to countries in Eastern Europe, Central Asia, and the Middle East "where the free flow of information is either banned by government authorities or not fully developed"...
, presidential candidate Alaksandar Milinkievič
Alaksandar Milinkievic
Aliaksandr Uładzimiravič Milinkevič is a Belarusian politician. He was nominated by the leading opposition parties in Belarus to run against incumbent Alexander Lukashenko in the presidential election on 19 March 2006.-Biography:...
stated that Belarus' stance as a neutral country, stated in Article 18, should be preserved with regard to joining NATO and the European Union. Legal interpretation of the Constitution is also brought into question. In a 1998 journal, the New York University
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
School of Law noted that Belarusian legal scholars came up with a new theory to deal with jurisprudence. Laws are constitutional if they follow the will of President Lukashenko and the people; unconstitutional if the president and the people do not like it. The laws that fall in the latter category are considered "ignored" by the legal scholars. In June 1999, a Special Rapporteur on the Independence of Judges and Lawyers from the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
visited Belarus and noted inconsistency between national laws, decrees and the Constitution. The UN rapporteur
Rapporteur
Rapporteur is used in international and European legal and political contexts to refer to a person appointed by a deliberative body to investigate an issue or a situation....
, Dato Param Cumaraswamy, especially noted that temporary decrees issued by the national authorities are still in force, even if they had expired or contradict the Constitution.
External links
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- Current text
- 1994 text
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- Current text
- 1994 text
- 1996 text