This is an old revision of this page, as edited by Санта Клаус (talk | contribs) at 22:17, 9 February 2008 (arabic interwiki). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.
Revision as of 22:17, 9 February 2008 by Санта Клаус (talk | contribs) (arabic interwiki)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)
The Constitution of the Republic of Belarus (Template:Lang-be, Template:Lang-ru) is the supreme law of Belarus. Adopted in 1994, three years after Belarus declared their 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 contents of the Constitution include the preamble, nine articles (divided into eight chapters) and one hundred and forty-six articles.
The contents of the Constitution was heavily influenced by constitutions of Western powers and from their time in the Soviet Union. While much of the Constitution contains how the government is established and carried out, an entire section of rights and freedoms are granted to citizens and residents. The Constitution has been amended twice since the original adoption; in 1996 and in 2004. In the amendments approved by the Belarusian populace, the power of the presidency over the government was increased and the term limits for the presidency were eliminated.
History
| Politics of Belarus |
|---|
.svg) |
|
|
| Constitution |
|
PresidencyPresident Alexander Lukashenko |
|
ExecutivePrime Minister Roman Golovchenko |
| National AssemblyNational Assembly |
| All-Belarusian People's AssemblyAll-Belarusian People's Assembly |
| Judiciary |
| Administrative divisions |
|
ElectionsPresidential elections
Parliamentary elections |
|
Foreign relationsMinistry of Foreign Affairs Minister: Sergei Aleinik |
 Belarus portal
|
The first constitution adopted by Belarus was in 1919 when the country was a Soviet Republic. The use of this constitution continued until Belarus, along with Russia, Ukraine and the Transcaucasus signed a treaty to form the Soviet Union. After the implementation of the Constitution of the Soviet Union, Belarus, now the Byelorussian Soviet Socialist Republic, adopted a constitution in 1927. After a re-adoption in 1937, the last Byelorussia SSR Constitution was adopted in 1978, mostly 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 alter the 1978 constitution of the Byelorussia SSR. It took three drafts of the proposed constitution before it could gather the support of the Supreme Soviet deputies for passage. The first Constitution of Belarus was signed on March 15, 1994 by Prime Minister Myechyslaw Hryb, with official publication occurring fifteen days later in the gazette "Zvezda." At the same time, a second law was passed along with the Constitution. Titled the Enactment Law, it rendered the 1978 Byelorussian SSR Constitution and the Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic void with a few exceptions and provided transitional phases for office holders and government organs to form within two years. The passage occurred during the thirteenth session of the Supreme Soviet. Every year since 1994, March 15 has been commemorated in Belarus as a national holiday as Constitution Day.
In the Constitution, the concept of separation of powers was introduced. In the context of Belarusian law, each office is separate, but must work together in order to serve the people. The Constitution also made Belarus a presidential democracy, thus reducing the role of the prime minister significantly. Out of the fifteen former Soviet republics, Belarus was the last one to pass an initial constitution and to allow for the creation of the presidency. The latency occurred due to debates among members of the Supreme Soviet, who were also trying to stave off the opposition and democratic forces who wanted to close the organ down for good.
When developing the Constitution, Belarus was 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 influence and trying to bring back traditions once brushed aside by the Soviet Government. In the structure of the Constitution, it is similar to that as the Russian Federation. An example is that the office of the President; similar powers granted to the President of Russia are granted to the Belarusian president.
Preamble
In the preamble of the Constitution, Belarus assumes the responsibility of its' destiny as a member of the international community. To execute this responsibility, the government will 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 state-hood." Belarus also pledged to honor the rights and freedoms of its citizens and to maintain a stable government that is run by the people based on the rule of law.
Section One
Section one of the Constitution sets up the governmental framework and establishes that the government is run by the people of Belarus. The government, which has been declared a multi-party representative democracy, would form its own foreign policy and is willing to defend these rights when necessary. This section also established that the state will protect 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, which it is expected to abide by, and which shall conform with the provisions of the Constitution. If the laws, thus passed, 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 land area of Belarus is divided into discrete regions, called oblasts. 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 special exceptions, those who do not have a nationality and foreigners are granted equal status 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 the capital city of Belarus as Minsk (Minsk was previously the capital city of the Belarusian Soviet Socialist Republic).
Section Two
Section two deals with rights that are granted to the citizens by the government. 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" and protecting them will be the top goal of the government. These rights are granted to all citizens of Belarus, regardless of any factor, and everyone will be treated the same under Belarusian law. However, these rights can be removed if Belarus is under a state of emergency or for national security reasons and no one is allowed to "enjoy advantages and privileges that are contrary to the law." The state of the emergency, which can be called by the President of Belarus according to Article 84, has to be considered and 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 granted by the state and that the government will protect the lives of its citizens against other citizens who wish to perform harm to them or their property. The Constitution also allows for the death penalty to be exercised in capital cases (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.
Section Three
Section three is divided in two chapters dealing with the process on how elections are organized and run. The first chapter deals with the Belarusian electoral system and the second chapter details the organization of national referendums.
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 has an option to vote or not without any consequences from the government. There are two methods that will prevent a citizen from voting that are described in the Constitution. The first method is a court issues an order stating that the citizen does not have the mental capacity to understand and to cast a ballot. The second method is that a person being held in detention or confined in a prison during an election cannot cast a ballot. The Constitution does not state about the voting rights of those who have served their prison terms or how to gain the rights back.
National referendums, also called the plebiscite, are elections that citizens can determine if a specific legal text can become official law or not. In order for this to take place, the following can either happen: the President wishes to hold one, both houses of the National Assembly request to hold one or the citizens petition it. If the National Assembly calls for the plebiscite, a majority is needed in both chambers in order for it to be official. If the citizens request a plebiscite, they must gather 430,000 signatures from across the country from eligible voters. The additional requirement is that over 30,000 people from each region must sign the petition, including the capital of Minsk. Once either condition is met, the President has to issue a decree setting the date of the national plebiscite. The plebiscite takes 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
Section four, which is divided into four chapters, deals with the functions of the Belarusian Government, mainly the President of the Republic of Belarus, the Council of Ministers, the Parliament of Belarus and the courts. This article mainly deals with what the president can and cannot do. While he is elected by the Belarusian people, the president must not be partisan when he or she assumes office. Official duties are also listed in the Constitution, such as the president being the Commander in Chief of the Belarusian Armed Forces. The section also deals with situations where the president cannot continue his duties or if they die in office.
The Parliament of Belarus, which is called the National Assembly, has their powers and duties listed in Chapter Four. The National Assembly itself is divided into two houses, the lower House of Representatives and the upper Council of the Republic. While each section has their own rules on how to become a member of each house, they decide on the various bills that could become Belarusian law and also approve the nominations of cabinet heads that are chosen by the President.
The Council of Ministers of the Republic of Belarus is the body of officials that are heads of various ministries of the Belarusian government. Each member is appointed by the President, but they are approved by the National Assembly, and stay on until their time as a minister is over or the president has been replaced. The council is headed by the Prime Minister.
The Constitutional Court of the Republic of Belarus is the highest court in Belarus. While other courts deal with issues of civil or criminal matter, the Constitutional Court deals with matters involving the Constitution and the legality of certain laws passed by the Government. The court has the powers to declare any law unconstitutional. From April until May 2007, the Constitutional Court reviewed 101 laws and decrees; they were deemed to be inline with the Constitution. The court that deals with criminal law matters is the Supreme Court of Belarus.
Section Five
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, economic development and collect taxes. The heads of the local governments can also be appointed and dismissed by the president.
Section Six
The office and duties of the prosecutor general (Procurator General in the official translation) and the State Supervisory Committee are listed in section six. The prosecutor general, and his appointed assistant prosecutors, are tasked with the even 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, implement the president's economic policy and regulate the use of government property. Just like with the prosecutor general, the State Supervisory Committee is appointed by the president.
Section Seven
The fiscal responsibilities of Belarus are stated in this section. 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 taxes, 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 a time frame of 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.
Section Eight
Section eight deals with the enforcement and changing of the Constitution. The Constitution is the supreme law of the land, so all laws and edicts cannot conflict with the Constitution. If that does happen, the Constitution will apply. If the Constitution is not in conflict, but a law and a decree is, the law would be enforced.
To amend the Constitution, two things can happen before the National Assembly can consider the measure. The first option is for the president to suggest the change; the second option is for 150,000 eligible voters can send a petition to the National Assembly. To discuss the amendments, both chambers of the National assembly must spend a time frame of at least three months. Only two conditions can prevent a discussion to take place, a state of emergency or if there is less than six months in the current term of the House of Representatives. In order for the amendments to become a reality either two-thirds of both chambers of the National Assembly must approve of the measure 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 the national referendum are enumerated in Chapters 22 through 25 of the Electoral Code of the Republic Belarus. Since the original adoption of the Constitution in 1994, it has been amended twice; once in 1996 and once in 2004.
Section Nine
The ninth, and last section, of the Constitution deals with laws passed before 1994. If the laws that are passed before the adoption of the Constitution do not have any legal conflicts, they are still enforced. All changes to the Constitution will come into effect when formally issued by the President, unless specified otherwise. With the passage of the Constitution in 1994, the law "On the Procedure Governing the Entry into Force of the Constitution of the Republic of Belarus" ceased to be enforced. The present 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 charged 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
1996
The first calls for constitutional reform came in 1996, when it turned out the balance in the Belarusian government was shifting towards the unicameral Supreme Soviet. In this amendment voted by referendum a number of significant changes were made to the Constitution, usually in order to strengthen the grip on power of the president. Amongst the changes made are 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 agreeing with 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. The expanded roles allowed the Council of Ministers to deal with issues related to development of economic, social and political spheres within Belarus. This was, however, not the first and only 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 body 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 vetoed the measure.
2004
In this referendum the term limits for the presidency were lifted meaning that President Alexander Lukashenko was able to run for a third term, whereas previously the Constitution stated that a president was limited to two terms. The voter turnout for the referendum was nearly 90%, with 77.3% of the voters agreeing to the amendment. The changes were implemented on October 17, 2004. Two years later, Lukashenko ran in the 2006 election and won with 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 reelection in 2011.
References
- In Section 1, Article 7 of the Constitution, all laws that conflict with the Constitution are null and void. So this means the Constitution is the supreme law of the land.
- BelTA. March 15 - Day of Constitution (of the) Republic of Belarus. Published March 13, 2007. Retrieved July 11, 2007. Template:Ru icon
- ^ House of Representatives of the Republic of Belarus History of Constitutionalism in Belarus. Retrieved March 25, 2007. Template:Ru icon
- British Broadcasting Corporation Timeline of the Soviet Union. Published March 2006. Retrieved June 5, 2007.
- Kremlin.ru The Constitutional Process in Russia. Retrieved June 5, 2007.
- Library of Congress Country Studies Belarus - The Constitution. Retrieved July 12, 2007.
- Belconstitution.narod.ru Constitution of 1994. Retrieved March 25, 2007. Template:Be icon
- Republic of Belarus Enactment Law.Passed March 15, 1994. Retrieved July 10, 2007.
- Embassy of the Republic of Belarus to Mexico and the United States National Holidays. Retrieved March 25, 2007.
- ^ Library of Congress Country Studies Belarus - Prelude to Independence. Library of Congress. Retrieved March 21, 2007.
- ^ Virtual Guide to Belarus. Belarus Politics. Retrieved July 11, 2007.
- Belarus Telegraphy Agency. Belarus Constitution Day celebrated today. Published March 15, 2007. Retrieved March 28, 2007.
- Webportal of the President of the Republic of Belarus Preamble of the Constitution. Published 1994, amended in 1996. Retrieved May 01, 2007.
- ^ Webportal of the President of the Republic of Belarus Section One of the Constitution. Published 1994, amended in 1996. Retrieved June 07, 2007.
- ^ Webportal of the President of the Republic of Belarus Section Two of the Constitution. Published 1994, amended in 1996. Retrieved June 07, 2007.
- ^ Webportal of the President of the Republic of Belarus Section Four of the Constitution. Published 1994, amended in 1996. Retrieved June 07, 2007.
- ^ Webportal of the President of the Republic of Belarus Section Three of the Constitution. Published 1994, amended in 1996. Retrieved June 07, 2007.
- Constitutional Court of the Republic of Belarus http://ncpi.gov.by/ConstSud/eng/ General Provisions and History]. Published May 21, 2007. Retrieved July 24, 2007
- Webportal of the President of the Republic of Belarus Section Five of the Constitution. Published 1994, amended in 1996. Retrieved June 07, 2007.
- ^ Webportal of the President of the Republic of Belarus Section Six of the Constitution. Published 1994, amended in 1996. June 07, 2007.
- Webportal of the President of the Republic of Belarus Section Seven of the Constitution. Published 1994, amended in 1996. Retrieved June 07, 2007.
- ^ Webportal of the President of the Republic of Belarus Section Eight of the Constitution. Published 1994, amended in 1996. Retrieved June 07, 2007.
- Law of the Republic of Belarus Electoral Code of the Republic of Belarus. Passed in 2000, amended in 2006. Retrieved July 14, 2007.
- ^ CNN Belarus president convenes new parliament. Published November 26, 1996. Retrieved June 07, 2007.
- ^ British Broadcasting Corporation Observers deplore Belarus vote. Published October 18, 2004. Retrieved March 28, 2007.
- Webportal of the President of the Republic of Belarus Section Nine of the Constitution. Published 1994, amended in 1996. Retrieved June 07, 2007.
- Human Rights Watch Republic of Belarus - Background. Published in 1999. Retrieved June 07, 2007.
- CNN Belarus president poised for victory in constitution re-write. Published November 24, 1996. Retrieved March 28, 2007.
- Webportal of the President of the Republic of Belarus Section Nine of the Constitution. Published 1994, amended in 1996. Retrieved June 07, 2007.
- Constitution of Belarus (1994). Published in 1994. Retrieved June 5, 2007.
- Legal Portal of the Republic of Belarus 2004 Text of the Constitution of Belarus. Published 2004. Retrieved July 13, 2007.
- Xinhua Lukashenko confirmed as winner in Belarus presidential vote. Published March 23, 2006.
- MosNews. Rightist Group Promote Belarus Dictator Lukashenko as Russian Presidential Candidate. Published February 28, 2007. Retrieved July 11, 2007.
External links
Constitution text
English
Russian
Belarusian
| Constitutions of Europe | |
|---|---|
| Sovereign states |
|
| States with limited recognition | |
| Dependencies and other entities | |
| Other entities | |