HOME

TheInfoList



OR:

The Constitution of the Republic of Belarus ( be, Канстытуцыя Рэспублікі Беларусь, russian: Конституция Республики Беларусь) is the ultimate
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
of Belarus. The Constitution is composed of a
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 subj ...
and nine sections divided into 146 articles. Adopted in 1994, three years after the country declared its independence from the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
, this formal document establishes the framework of the Belarusian state and
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
and enumerates the rights and freedoms of its citizens. However, the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
and various observers challenge that the
rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
is respected or that the judiciary is independent in Belarus, highlighting the consolidation of power by the current president. The constitution was drafted by the Supreme Soviet of Belarus, the former legislative body of the country and is heavily influenced by
Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...
constitutions. The constitution has been amended thrice under controversial circumstances since the original adoption, in 1996, in 2004 and in 2022. Two
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
s that were disputed by independent observers and government opposition leaders increased the power of the
presidency A presidency is an administration or the executive, the collective administrative and governmental entity that exists around an office of president of a state or nation. Although often the executive branch of government, and often personified by a ...
over the government and eliminated the
term limit A term limit is a legal restriction that limits the number of terms an officeholder may serve in a particular elected office. When term limits are found in presidential and semi-presidential systems they act as a method of curbing the potenti ...
s for the presidency.


History

The
Belarusian Democratic Republic The Belarusian People's Republic (BNR; be, Беларуская Народная Рэспубліка, Bielaruskaja Narodnaja Respublika, ), or Belarusian Democratic Republic, was a state proclaimed by the Council of the Belarusian Democratic R ...
adopted its first temporary constitution several months after declaring independence from the
Russian Empire The Russian Empire was an empire and the final period of the Russian monarchy from 1721 to 1917, ruling across large parts of Eurasia. It succeeded the Tsardom of Russia following the Treaty of Nystad, which ended the Great Northern War. The ...
, on October 11, 1918. In 1919, after the occupation of the country by the Russian Bolsheviks, Belarus became a Soviet Republic (USSR), and a new constitution was adopted.House of Representatives of the Republic of Belaru
History of Constitutionalism in Belarus
. Retrieved March 25, 2007.
Belarus continued to use this constitution until it – along with Russia, Ukraine, and the
Transcaucasus The South Caucasus, also known as Transcaucasia or the Transcaucasus, is a geographical region on the border of Eastern Europe and Western Asia, straddling the southern Caucasus Mountains. The South Caucasus roughly corresponds to modern Arm ...
– signed a treaty to form the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
. Now the Byelorussian Soviet Socialist Republic (Byelorussian SSR), the country adopted its first Soviet-era constitution in 1927, complementing the recently adopted
Soviet Constitution During its existence, the Soviet Union had three different constitutions in force individually at different times between 31 January 1924 to 26 December 1991. Chronology of Soviet constitutions These three constitutions were: * 1924 Constitut ...
. 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.


Modern constitution

When Belarus became independent from the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
in 1991, the
Supreme Council of Belarus The Supreme Council of the Republic of Belarus, sometimes translated as Supreme Soviet of the Republic of Belarus ( be, Вярхоўны Савет Рэспублікі Беларусь), was the unicameral legislature of Belarus between 1991 ...
passed the
Declaration of State Sovereignty of the Belarusian Soviet Socialist Republic The Declaration of State Sovereignty of the Byelorussian Soviet Socialist Republic was a formal document issued by the Supreme Soviet of Belarus to assert its independence from the Soviet Union. Passed on July 27, 1990, the Declaration started the ...
, proclaiming Byelorussian SSR acts legal priority over USSR ones (per article 7 of the Declaration, but this provision was inserted into 1978 Constitution only in August 1991) and formally starting a constitutional process in Republic. 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 Council. Upon approval from the Supreme Council, the first draft was published in December 1991 in order for the Belarusian populace to make comments and suggestions. Professors Gary M. Shaw of
Touro College Touro University is a private Jewish university system headquartered in New York City, with branches throughout the United States as well as one each in Germany, Israel and Russia. It was founded by Bernard Lander in 1971 and named for Isaac ...
, New York and Russell L. Weaver of the
University of Louisville The University of Louisville (UofL) is a public research university in Louisville, Kentucky. It is part of the Kentucky state university system. When founded in 1798, it was the first city-owned public university in the United States and one of ...
spent time in Belarus in 1993 advising on drafting the constitution on behalf of Central and East European Law Initiative (CEELI), a project of the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acade ...
. The commission submitted the third and final draft to the Supreme Council, where it was signed on March 15, 1994 by the Speaker of the Supreme Council 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 The Supreme Soviet (russian: Верховный Совет, Verkhovny Sovet, Supreme Council) was the common name for the legislative bodies (parliaments) of the Soviet socialist republics (SSR) in the Union of Soviet Socialist Republics (USSR ...
, 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 is a holiday to honour 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 constitut ...
, a national holiday. The Constitution introduces
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
. According to Belarusian law, each office is separate but must work together to serve the people. The Constitution also makes Belarus a
presidential democracy A presidential system, or single executive system, is a form of government in which a head of government, typically with the title of president, leads an executive branch that is separate from the legislative branch in systems that use separati ...
, significantly reducing the role of the prime minister.Library of Congress Country Studie
Belarus - Prelude to Independence
Library of Congress. Retrieved March 21, 2007.
Of the fifteen former
Soviet republics The Republics of the Union of Soviet Socialist Republics or the Union Republics ( rus, Сою́зные Респу́блики, r=Soyúznye Respúbliki) were national-based administrative units of the Union of Soviet Socialist Republics ( ...
, Belarus was the one of latest to create and pass a new constitution subsequent to the dissolution of the
USSR The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
. 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.Virtual Guide to Belarus
Belarus Politics
Retrieved July 11, 2007.
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 The Belarusian Popular Front "Revival" (BPF, be, Беларускі Народны Фронт "Адраджэньне", БНФ; ''Biełaruski Narodny Front "Adradžeńnie"'', ''BNF'') was a social and political movement in Belarus in the late 1 ...
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 Council deputies were influenced by the constitutions of various countries, including
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous c ...
, Belgium,
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , established ...
, France, Germany, Italy,
Sweden Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
, and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
. 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 Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-eight ...
: for example, the office of the President has powers analogous to those granted to the
President of Russia The president of the Russian Federation ( rus, Президент Российской Федерации, Prezident Rossiyskoy Federatsii) is the head of state of the Russian Federation. The president leads the executive branch of the federal ...
. 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.


Content

The constitution is divided in the following way.


Preamble

In the
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 subj ...
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 rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
.


Section One: Principles of the Constitutional System

Section One is composed of articles 1 to 20. They prescribe a
sovereign ''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or ...
, multi-party representative democracy, run by the people of Belarus, that forms its own foreign policy. 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 Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
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 In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics (physical geography), human impact characteristics (human geography), and the interaction of humanity and t ...
, called
oblast An oblast (; ; Cyrillic (in most languages, including Russian and Ukrainian): , Bulgarian: ) is a type of administrative division of Belarus, Bulgaria, Kazakhstan, Kyrgyzstan, Russia, and Ukraine, as well as the Soviet Union and the Kingdo ...
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 may refer to: * Something of, or related to Belarus * Belarusians, people from Belarus, or of Belarusian descent * A citizen of Belarus, see Demographics of Belarus * Belarusian language * Belarusian culture * Belarusian cuisine * Byelor ...
and Russian as the official languages of the country, pledges neutrality and non-
nuclear proliferation Nuclear proliferation is the spread of nuclear weapons, fissionable material, and weapons-applicable nuclear technology and information to nations not recognized as " Nuclear Weapon States" by the Treaty on the Non-Proliferation of Nuclear Wea ...
, adopts national symbols, and establishes
Minsk Minsk ( be, Мінск ; russian: Минск) is the capital and the largest city of Belarus, located on the Svislach and the now subterranean Niamiha rivers. As the capital, Minsk has a special administrative status in Belarus and is the adm ...
as the capital (Minsk was previously the capital of the
Belarusian Soviet Socialist Republic The Byelorussian Soviet Socialist Republic (BSSR, or Byelorussian SSR; be, Беларуская Савецкая Сацыялістычная Рэспубліка, Bielaruskaja Savieckaja Sacyjalistyčnaja Respublika; russian: Белор� ...
).


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 emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
. 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 The president of the Republic of Belarus ( be, Прэзідэнт Рэспублікі Беларусь; russian: Президент Республики Беларусь) is the head of state and head of government of Belarus. The office was cre ...
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, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
to be exercised for grave crimes, but only in accordance with national law. If citizens are arrested, they are granted
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...
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
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
s. In Belarus, the right to vote in elections and
plebiscite A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
s 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 right Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
s 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 In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
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
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
of the Republic of Belarus, the
Council of Ministers A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...
, 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 In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
. The National Assembly itself is divided into two houses: the lower
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ca ...
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 A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is n ...
, 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.


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
fiscal Fiscal usually refers to government finance. In this context, it may refer to: Economics * Fiscal policy, use of government expenditure to influence economic development * Fiscal policy debate * Fiscal adjustment, a reduction in the government ...
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 A fiscal year (or financial year, or sometimes budget year) is used in government accounting, which varies between countries, and for budget purposes. It is also used for financial reporting by businesses and other organizations. Laws in many ju ...
, 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 The National Bank of the Republic of Belarus (NBRB; be, Нацыянальны банк Рэспублікі Беларусь; rus, Национальный банк Республики Беларусь) is the central bank of Belarus, located ...
is the state bank of Belarus and is the office responsible for issuing the national currency, the
Belarusian rubel The ruble ( be, рубель ''rubeĺ’''; Abbreviation: Rbl (plural: Rbls); ISO code: BYN) is the currency of Belarus. It is also known as the rubel, or in Commonwealth English as the rouble. The ruble is subdivided into 100 copecks (sometim ...
.


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 In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
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 Lukashenko 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 A national flag is a flag that represents and symbolizes a given nation. It is flown by the government of that nation, but usually can also be flown by its citizens. A national flag is typically designed with specific meanings for its colours a ...
and
national emblem A national emblem is an emblem or seal that is reserved for use by a nation state or multi-national state as a symbol of that nation. Many nations have a seal or emblem in addition to a national flag and a national coat of arms. Other national ...
, 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
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
after the Supreme Council refused to support the measures or set up a date for the vote. An earlier attempt by the Supreme Council 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 Council, the
unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multic ...
parliament of Belarus, was abolished. The Supreme Soviet was replaced by the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
, a bicameral parliament;CN
Belarus president convenes new parliament
. Published November 26, 1996. Retrieved June 7, 2007.
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.CN
Belarus president poised for victory in constitution re-write
. Published November 24, 1996. Retrieved March 28, 2007.
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 " Hymn of the Bolshevik Party" , headquarters = 4 Staraya Square, Moscow , general_secretary = Vladimir Lenin (first)Mikhail Gorbachev (last) , founded = , banned = , founder = Vladimir Lenin , newspaper ...
officials, democratic forces in the government wanted to dissolve the Supreme Council permanently. The members of the
Belarusian Popular Front The Belarusian Popular Front "Revival" (BPF, be, Беларускі Народны Фронт "Адраджэньне", БНФ; ''Biełaruski Narodny Front "Adradžeńnie"'', ''BNF'') was a social and political movement in Belarus in the late 1 ...
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 Electoral fraud, sometimes referred to as election manipulation, voter fraud or vote rigging, involves illegal interference with the process of an election, either by increasing the vote share of a favored candidate, depressing the vote share of ...
, 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 Lukashenko Alexander Grigoryevich Lukashenko (as transliterated from Russian; also transliterated from Belarusian as Alyaksand(a)r Ryhoravich Lukashenka;, ; rus, Александр Григорьевич Лукашенко, Aleksandr Grigoryevich Lukas ...
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.
British Broadcasting Corporation #REDIRECT BBC Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
br>Observers deplore Belarus vote
Published October 18, 2004. Retrieved March 28, 2007.
The changes were implemented on October 17, 2004. Like the 1996 referendum, the validity of the vote was brought into question. According to the
Organization for Security and Co-operation in Europe The Organization for Security and Co-operation in Europe (OSCE) is the world's largest regional security-oriented intergovernmental organization with observer status at the United Nations. Its mandate includes issues such as arms control, prom ...
(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
non-governmental organization A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in h ...
s (NGO) 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.


2022


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.


Judicial review

In a 1998 journal, the
New York University New York University (NYU) is a private research university in New York City. Chartered in 1831 by the New York State Legislature, NYU was founded by a group of New Yorkers led by then-Secretary of the Treasury Albert Gallatin. In 1832, t ...
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 The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
visited Belarus and noted inconsistency between national laws, decrees and the Constitution. The UN
rapporteur A rapporteur is a person who is appointed by an organization to report on the proceedings of its meetings. The term is a French-derived word. For example, Dick Marty was appointed ''rapporteur'' by the Parliamentary Assembly of the Council of Euro ...
, 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.


References


External links


Current text
* 1994 text * 1996 text
Current text


*





{{Constitution of Europe Belarus 1994 in law Law of Belarus 1994 in Belarus