Constitution of Belarus

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Cover of the Constitution of Belarus given to citizens by the government
Cover of the Constitution of Belarus given to citizens by the government
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The Constitution of the Republic of Belarus (Russian: Конституции Республики Беларусь, Belarusian: Канстытуцыя Рэспублікі Беларусь) is the supreme law of Belarus. In this formal document, the framework of Belarus and its government, along with the rights and freedoms of Belarus' citizens, are established and enumerated. The original Constitution was adopted in 1994, it was heavily influenced by constitutions of Western powers and from it's time in the Soviet Union. The Constitution has been amended twice in its' history; in 1996 and in 2004. The amendments expanded the power of the presidency over the government and increased the length of the term of office.

Contents

[edit] History

Constitutionalism in Belarus began in 1919 when a constitution was adopted for the Soviet Republic. The use of this constitution was short lived as Belarus was incorporated into the Soviet Union in 1922. 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, a year after the Soviet Union adopted a new 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.[1] 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."[2] 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.[3]

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.[4]

[edit] Preamble

The preamble of the Constitution is to have Belarus strive to be a part of the international community. To be able to achieve that goal, Belarus 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.

[edit] 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).

[edit] 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 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.

[edit] 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 doesn't 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.

[edit] 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.

[edit] 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.

[edit] 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.

[edit] 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.

[edit] 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. The only restriction in this section is that sections one, two, four and eight can only be changed by national referendum.

[edit] 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.

[edit] Amendments

[edit] 1996

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- a bicameral legislative system was installed, instead of the unicameral one in use before that. The new upper chamber, the Council of the Republic of Belarus, is partly appointed by the president and performs in its own a number of essential functions of the legislature;

2- the president can be removed from office only for committing high treason or another grave crime, instead of 'any' crime stipulated in the 1994 Constitution. In addition, the provision that the president may be removed from office in the event of a violation of the Constitution was deleted;

3- the status of the presidential decrees and edicts is considerably elevated making them a fundamental source of law, almost on a par with legislation voted by Parliament;

4- of the twelve member of the Constitutional Court of Belarus, six, including its president, will be directly appointed by the president. Given that in the event of a tie, the president of the court has the casting vote, the presidential nominees will control the Court. Moreover, the immunity of the judges of the Constitutional Court is abolished, probably in order to make them more pliable to pressure. Lastly, the Constitutional Court loses its right to examine cases on its own initiative.

During the referendum, approximately 7.5 million post cast their ballots, with eighty-four percent of the voters agreeing with the amendments. [5]

[edit] 2004

In this referendum the term limits for the presidency were lifted meaning that president Lukashenko was able to run for a third term, whereas previously the Constitution stated that a president was limited to two terms. The turnout for the referendum was nearly ninety percent, with 77.3 percent of the voters agreeing to the amendment.[6]

[edit] References

  1. ^ House of Representatives of the Republic of Belarus History of Constitutionalism in Belarus. Retrieved March 25, 2007. (Russian)
  2. ^ Belconstitution.narod.ru Constitution of 1994. Retrieved March 25, 2007. (Belarusian)
  3. ^ Embassy of the Republic of Belarus to Mexico and the United States National Holidays. Retrieved March 25, 2007.
  4. ^ Belarus Telegraphy Agency. Belarus Constitution Day celebrated today. Published March 15, 2007. Retrieved March 28, 2007.
  5. ^ CNN Belarus president poised for victory in constitution re-write. Published November 24, 1996. Retrieved March 28, 2007.
  6. ^ British Broadcasting CorporationObservers deplore Belarus vote. Published October 18, 2004. Retrieved March 28, 2007.

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