The Constitution of the Republic of Belarus- The Basic Law of the Republic of Belarus, which has the highest legal force and enshrines the fundamental principles and norms of legal regulation of the most important social relations(Article 12 of the Law of the Republic of Belarus of July 17, 2018 "On regulatory legal acts").
The only source of state power and the bearer of sovereignty in the Republic of Belarus is the people(Article 3 of the Constitution of the Republic of Belarus). Realizing their right to directly participate in the management of the affairs of society and the state (Article 37 of the Constitution of the Republic of Belarus), citizens on the most important problems of state and public life determined the future of our state in republican referenda, the decisions of which are also reflected in the amendments and additions of the current Constitution of the Republic of Belarus. In the Republic of Belarus, republican referendums were held:May 14, 1995,November 24, 1996,October 17, 2004,February 27, 2022.
Constitution of the Republic of Belarus 1994
(with amendments and additions adopted in republican referenda
November 24, 1996,October 17, 2004AndFebruary 27, 2022)
Changes and additions:
The Law of the Republic of Belarus of October 12, 2021 No. 124-Z(National Legal Internet portal of the Republic of Belarus, 10/14/2021, 2/2844) <h12100124>
We, the people of the Republic of Belarus (Belarus),
Based on responsibility for the present and future of Belarus,
Conscious of the full -fledged subject of the world community and confirming his commitment to universal values,
Based on his integral right to self -determination, preservation of national identity and sovereignty,
Based on the centuries -old history of the development of Belarusian statehood, cultural and spiritual traditions,
affirming the rights and freedoms of man and citizen, the foundations of the rule of law and the socially fair society,
Wanting to ensure the world and civil consent, the well -being of citizens, the inviolability of democracy, the independence and prosperity of the Republic of Belarus,
We adopt this Constitution - the Basic Law of the Republic of Belarus.
Section I
Fundamentals of the constitutional system
Article 1.The Republic of Belarus is a unitary democratic social legal state.
The Republic of Belarus has supremacy and fullness of power on its territory, independently exercises domestic and foreign policy.
The Republic of Belarus protects its independence and territorial integrity, the constitutional system, ensures the legality and law and order.
Article 2.Man, his rights, freedoms and guarantees for their implementation are the highest value and goal of society and the state.
The state is responsible to the citizen for creating conditions for free and decent personality development. The citizen is responsible to the state for the strict performance of the duties assigned to him by the Constitution.
Article 3.The only source of state power and the bearer of sovereignty in the Republic of Belarus is the people. The people exercise their power directly, through representative and other organs within the forms and limits defined by the Constitution.
Any actions to change the constitutional system and achieve state power by violent methods, as well as by other violation of the laws of the Republic of Belarus, are punished in accordance with the law.
Article 4.Democracy in the Republic of Belarus is carried out on the basis of the ideology of the Belarusian state, as well as the variety of political institutions and opinions.
The ideology of political parties, religious or other public associations, social groups cannot be established as mandatory for citizens.
Article 5.Political parties, other public associations, acting within the framework of the Constitution and the laws of the Republic of Belarus, contribute to the realization and protection of the rights, freedoms and interests of man and citizen.
Political parties and other public associations have the right to use the state media in the manner determined by law.
It is forbidden to create and activities of political parties, as well as other public associations that have a violent change in the constitutional system or conducting the propaganda of war, social, national, religious and racial enmity.
Article 6.State power in the Republic of Belarus is carried out on the basis of dividing it into legislative, executive and judicial. State bodies within their powers are independent: they interact with each other, restrain and balance each other.
Article 7.In the Republic of Belarus, the principle of the rule of law is established.
The Constitution has the highest legal force and direct action throughout the Republic of Belarus. Other legal acts are issued on the basis and in accordance with the Constitution.
The state, all its bodies and officials, organizations and citizens act within the constitution and the acts of legislation adopted in accordance with it.
Legal acts or their individual provisions, recognized in the manner prescribed by law by contradicting provisions of the Constitution, do not have legal force.
Normative legal acts are subject to official publication or are brought to universal information in a different way provided for by law.
Article 8.The Republic of Belarus recognizes the priority of universally recognized principles of international law and ensures the compliance with the legislation.
The Republic of Belarus, in accordance with the norms of international law, can voluntarily enter into interstate entities and get out of them.
The conclusion of international treaties that contradict the Constitution is not allowed.
Article 9.The territory of the Republic of Belarus is a natural condition for existence and the spatial limit of self -determination of the people, the basis of its well -being and sovereignty of the Republic of Belarus.
The territory of Belarus is one and inalienable.
The administrative-territorial structure of the state is determined by law.
Article 10.A citizen of the Republic of Belarus is guaranteed the protection and patronage of the state both in Belarus and beyond.
No one can be deprived of the citizenship of the Republic of Belarus or the right to change citizenship.
A citizen of the Republic of Belarus cannot be issued to a foreign state, unless otherwise provided by international treaties of the Republic of Belarus.
The acquisition and termination of citizenship is carried out in accordance with the law.
Article 11.Foreign citizens and stateless persons in Belarus enjoy rights and freedoms and act on a par with citizens of the Republic of Belarus, unless otherwise determined by the constitution, laws and international treaties.
Article 12.The Republic of Belarus may grant the right to asylum to persons pursued in other states for political, religious beliefs or national affiliation.
Article 13.Property can be state and private.
The state provides everyone with equal rights for the implementation of economic and other activities, except for the prohibited law, and guarantees equal protection and equal conditions for the development of all forms of ownership.
The state guarantees everyone equal possibilities for the free use of abilities and property for entrepreneurial and other economic activity not prohibited by law.
The state regulates economic activity in the interests of man and society; Provides the direction and coordination of state and private economic activity for social purposes.
Subsoil, water, forests constitute exceptional property of the state. Agricultural lands are owned by the state.
Other objects that are only owned by the state can be defined by the law, or a special procedure for their transfer to private property is established, and the state’s exclusive right to carry out certain types of activities is established.
The state guarantees workers the right to take part in the management of organizations in order to increase the effectiveness of their work and improve the socio-economic standard of living.
Article 14.The state regulates relations between social, national and other communities on the basis of the principles of equality before the law, respect for their rights and interests.
Relations in the socio-labor sphere between government bodies, associations of employers and trade unions are carried out on the principles of social partnership and the interaction of the parties.
Article 15.The state is responsible for the preservation of historical, cultural and spiritual heritage, the free development of cultures of all national communities living in the Republic of Belarus.
The state ensures the preservation of historical truth and memory of the heroic feat of the Belarusian people during the Great Patriotic War.
Article 16. Religions and religions are equal before the law.
The relations of the state and religious organizations are regulated by the law, taking into account their influence on the formation of the spiritual, cultural and state traditions of the Belarusian people.
The activities of religious organizations, their bodies and representatives, which are directed against the sovereignty of the Republic of Belarus, its constitutional system and civil consent, are prohibited, or is associated with violation of the rights and freedoms of citizens, and also prevents citizens of their state, public, family duties or harm their health and morality.
Article 17.The state languages in the Republic of Belarus are Belarusian and Russian.
Article 18.The Republic of Belarus in its foreign policy proceeds from the principles of the equality of states, the non -use of strength or threat of power, the inviolability of borders, the peaceful regulation of disputes, non -interference in internal affairs and other generally recognized principles and norms of international law.
The Republic of Belarus excludes military aggression from its territory in relation to other states.
Article 19.Symbols of the Republic of Belarus as a sovereign state are its state flag, state coat of arms and state anthem. Description of state symbols and the procedure for their use are determined by law.
Article 20.The capital of the Republic of Belarus is the city of Minsk.
The status of the city of Minsk is determined by law.
Section II
Personality, society, state
Article 21.Ensuring the rights and freedoms of citizens of the Republic of Belarus is the highest goal of the state.
Everyone has the right to a decent standard of living, including sufficient nutrition, clothes, housing and constant improvement of the necessary conditions.
Everyone should show social responsibility, make a feasible contribution to the development of society and the state.
The state guarantees the rights and freedoms of citizens of Belarus, enshrined in the Constitution, laws and stipulated by international obligations of the state.
Article 22.All are equal to the law and have the right without any discrimination to equal protection of rights and legitimate interests.
Article 23.The restriction of the rights and freedoms of the individual is allowed only in cases provided for by law, in the interests of national security, public order, protection of morality, public health, rights and freedoms of other persons.
No one can use the advantages and privileges that contradict the law.
Article 24. Everyone has the right to life.
The state protects human life from any illegal encroachment.
The death penalty before its cancellation can be applied in accordance with the law as an exceptional penalty for especially serious crimes and only according to the court sentence.
Article 25.The state ensures freedom, inviolability and dignity of personality. The restriction or deprivation of personal freedom is possible in cases and the procedure established by law.
A person detained has the right to judicial verification of the legality of his detention or arrest.
No one should be tortured, cruel, inhuman or humiliating his dignity or punishment, as well as without his consent to be subjected to medical or other experiences.
Article 26.No one can be found guilty of a crime if his guilt is not proven in the manner prescribed by law and is established by the court verdict that has entered into legal force. The accused is not obliged to prove his innocence.
Article 27.No one should be forced to give testimony and explanations against himself, members of their family, close relatives. Evidence obtained in violation of the law does not have legal force.
Article 28.Everyone has the right to protect against illegal interference in his private life, including an encroachment on the secret of his correspondence, telephone and other messages, to his honor and dignity.
The state creates the conditions for the protection of personal data and the security of the individual and society when using them.
Article 29.The inviolability of the dwelling and other legal possessions of citizens is guaranteed. No one has the right to enter the house and other legal possession of a citizen against his will without a legal basis.
Article 30.Citizens of the Republic of Belarus have the right to freely move and choose a place of residence within the Republic of Belarus, leave it and return backlessly.
Article 31.Everyone has the right to independently determine their attitude towards religion, solely or together with others to profess any religion or not to profess any, to express and spread the beliefs related to the attitude to religion, to participate in the departure of religious cults, rituals, rituals not prohibited by law.
Article 32.Marriage as a union of women and men, family, motherhood, paternity and childhood are under the protection of the state.
A woman and a man, upon reaching marriage age, have the right to get married on a voluntary basis and create a family. Spouses have equal rights in marriage and family.
Parents or persons replacing them have the right and are obliged to educate children, take care of their health, development and training, prepare for socially useful work, instill culture and respect for the laws, historical and national traditions of Belarus. The child should not be abused or humiliated, attracted to work that can harm his physical, mental or moral development. Children are obliged to take care of parents, as well as about the persons replacing them, and to help them.
The state provides support to families with children, orphans and children left without parental care.
The state ensures the priority of raising children in the family. Children can be separated from their family against the will of parents and other persons replacing them only on the basis of a court decision, if parents or other persons replace them do not fulfill their duties.
Women and men are ensured by the provision of equal opportunities in obtaining education and professional training, in work and promotion (work), in socio-political, cultural and other areas of activity, as well as the creation of conditions for the protection of their labor and health.
Article 321.The state contributes to the spiritual, moral, intellectual and physical development of youth, creates the necessary conditions for its free and effective participation in public life, the realization of the potential of youth in the interests of the whole society.
Article 33.Everyone guarantees freedom of opinions, beliefs and their free expression.
No one can be forced to express their beliefs or abandon them.
Monopolization of the media by the state, organizations or individual citizens, as well as censorship, are not allowed.
Article 34.Citizens of the Republic of Belarus are guaranteed the right to obtain, storage and disseminate complete, reliable and timely information about the activities of state bodies, on political, economic, cultural and international life, and the state of the environment.
State bodies, officials are obliged to provide a citizen of the Republic of Belarus with the opportunity to get acquainted with the materials affecting his rights and legitimate interests.
The use of information may be limited by law in order to protect the honor, dignity, private and family life of citizens and to fully exercise their rights.
Article 35.The freedom of assembly, rallies, street processions, demonstrations and pickets that do not violate the law and the rights of other citizens of the Republic of Belarus is guaranteed by the state. The procedure for conducting these measures is determined by law.
Article 36.Everyone has the right to freedom of associations.
Citizens for the implementation and satisfaction of political, social, economic, cultural and other interests have the right to create political parties and other public associations, participation in their activities.
Political parties and other public associations are created and act in accordance with the law.
Judges, prosecutors, employees of the State Control Committee, militarized organizations, military personnel cannot be members of political parties.
Article 37.Citizens of the Republic of Belarus have the right to participate in the decision of state affairs both directly and through freely elected representatives.
The direct participation of citizens in the management of the affairs of the company and the state is ensured by the conduct of referenda, the discussion of draft laws, other regulatory legal acts and issues of republican and local significance, other methods defined by law.
In the manner prescribed by law, citizens of the Republic of Belarus take part in discussing issues of state and public life at republican and local meetings.
Article 38.Citizens of the Republic of Belarus have the right to freely elect and be elected to state bodies on the basis of universal, equal, direct or indirect suffrage with secret vote.
Article 39.Citizens of the Republic of Belarus in accordance with their abilities and professional training have the right to access any positions in state bodies.
Article 40.Everyone has the right to send personal or collective appeals to state bodies.
State bodies, as well as officials are obliged to consider the appeal and give an answer on the merits of the term specified by law. The refusal to consider the applied application should be in writing motivated.
Article 41.Citizens of the Republic of Belarus are guaranteed the right to work as the most worthy way of self -affirmation of a person, that is, the right to choose a profession, kind of classes and work in accordance with vocation, abilities, education, professional training and taking into account social needs, as well as healthy and safe working conditions.
The state creates the conditions for the full employment of the population. In the case of a person’s unnoticed, for reasons beyond his control, he is guaranteed training in new specialties and advanced training, taking into account social needs, as well as unemployment benefits in accordance with the law.
Citizens are entitled to protect their economic and social interests, including the right to unite in trade unions, the conclusion of collective agreements (agreements) and the right to strike.
Forced labor is prohibited, except for work or service on the basis of a court order or in accordance with the laws on extraordinary and martial laws.
Article 42.Persons working for hiring are guaranteed a fair share of remuneration in the economic results of labor in accordance with its number, quality and social significance, but not lower than the level that provides them and their families with free and decent existence.
Women and men, adults and minors have the right to equal reward for labor equal value.
Article 43.Workers have the right to rest. For employees for employment, this right is ensured by the establishment of a working week not exceeding 40 hours, reduced by the duration of work at night, providing annual paid leave, days of weekly rest.
Article 44.The state guarantees everyone the right of ownership and promotes its acquisition.
The owner has the right to own, use and dispose of property both one -man and together with other persons. The inviolability of property, the right to inherit it is protected by law.
Property acquired in a legal way is protected by the state.
The state encourages and protects the savings of citizens, creates guarantees for the return of deposits.
Forced alienation of property is allowed only for the motives of public necessity, subject to the conditions and procedure determined by law, with timely and complete compensation for the value of alienated property, as well as in accordance with the court order.
The exercise of property rights should not contradict public benefits and security, harm the environment, historical and cultural values, infringe on the rights and the interests of others protected by law.
Article 45.Citizens of the Republic of Belarus are guaranteed the right to health protection, including free treatment at the expense of state funds in the manner prescribed by law. Citizens take care of maintaining their own health.
The state creates the conditions of medical care available to all citizens.
The right of citizens of the Republic of Belarus to protect health is also ensured by the development of physical culture and sports, measures to improve the environment, the possibility of using wellness institutions, and the improvement of labor protection.
Article 46.Everyone has the right to a favorable environment and to compensation for harm caused by a violation of this right.
The state exercises control over the rational use of natural resources in order to protect and improve living conditions, as well as the protection and restoration of the environment.
The Republic of Belarus develops atomic energy for peaceful purposes, ensures safety in the production and use of atomic energy.
Article 47.Citizens of the Republic of Belarus are guaranteed the right to social security by age, in case of illness, disability, disability, loss of the breadwinner and in other cases provided for by law.
The state is particularly concerned about veterans of war and labor, about persons who have lost their health in the protection of state and public interests, as well as about disabled people and elderly people.
Disabled people are ensured by equal opportunities for the exercise of the rights and freedoms of man and citizen. The state implements a policy of social integration of disabled people, creating an affordable environment and improving the quality of their life, supporting families with disabled people.
Article 48.Citizens of the Republic of Belarus have the right to a dwelling. This right is ensured by the development of the state and private housing fund, the assistance of citizens in the acquisition of housing.
Citizens in need of social protection are granted by the state and local self -government for free or for an accessible board for them in accordance with the law.
No one can be arbitrarily devoid of housing.
Article 49.Everyone has the right to education.
The availability and free of general secondary and vocational education are guaranteed.
Secondary special and higher education is available to everyone in accordance with the abilities of each. Everyone can receive an appropriate education in state educational institutions on a competitive basis.
Article 50.Everyone has the right to maintain their nationality, as well as no one can be forced to determine and indicate nationality.
An insult to national dignity is persecuted according to the law.
Everyone has the right to use their native language, choose a language of communication. The state guarantees in accordance with the law the freedom of choosing the language of education and training.
Article 51.Everyone has the right to participate in cultural life. This right is ensured by the general accessibility of the values of domestic and world culture, located in state and public funds, the development of a network of cultural and educational institutions.
The freedom of art, scientific, technical creativity and teaching is guaranteed.
Intellectual property is protected by law.
The state contributes to the development of culture, scientific and technical research, the introduction of innovations for the benefit of common interests.
Article 52.Everyone who is located on the territory of the Republic of Belarus is obliged to comply with its constitution, laws and respect the state symbols and national traditions of Belarus.
Article 53.Everyone is obliged to respect dignity, rights, freedoms, legitimate interests of others.
Article 54.Everyone is obliged to protect the historical, cultural, spiritual heritage and other national values.
The preservation of the historical memory of the heroic past of the Belarusian people, patriotism is the duty of every citizen of the Republic of Belarus.
Article 55.Protection of the natural environment and careful attitude to natural resources is everyone's duty.
Article 56.Citizens of the Republic of Belarus are obliged to take part in financing government spending by paying government taxes, duties and other payments.
Article 57.Protection of the Republic of Belarus is the duty and sacred duty of a citizen of the Republic of Belarus.
The procedure for military service, the grounds and conditions of exemption from military service or the replacement of its alternative are determined by law.
Article 58.No one can be forced to fulfill obligations not provided for by the Constitution and laws, or to abandon their rights.
Article 59.The state is obliged to take all measures available to it to create internal and international procedures necessary for the full exercise of the rights and freedoms of citizens of the Republic of Belarus provided for by the Constitution.
State bodies, officials and other persons who are entrusted with the execution of state functions are obliged, within their competence, to take the necessary measures to exercise and protect the rights and freedoms of the individual.
These bodies and persons are responsible for actions that violate the rights and freedoms of the individual.
Article 60.Everyone guarantees the protection of his rights and freedoms by a competent, independent and impartial court in the manner and terms defined by law. Decisions and actions (inaction) of state bodies and officials infringing rights and freedoms may be appealed to the court.
In order to protect the rights, freedoms, honor and dignity, citizens are entitled to recover both property damage and material compensation for non -pecuniary damage in court.
Article 61.Everyone has the right in accordance with international treaties of the Republic of Belarus to contact international organizations in order to protect their rights and freedoms if all available domestic legal protection funds are exhausted.
Article 62.Everyone has the right to legal assistance to exercise and protect rights and freedoms, including the right to use at any time of the help of lawyers and other representatives in court, other state bodies, other organizations and in relations with officials and citizens. In cases provided for by law, legal assistance is provided at the expense of state funds.
Countering the provision of legal assistance in the Republic of Belarus is prohibited.
Article 63.The implementation of the rights and freedoms of personality provided for by this Constitution can be suspended only in conditions of emergency or martial law in the manner and limits defined by the Constitution and the Law.
In the implementation of special measures during a period of emergency, the rights provided for in the article cannot be limited24, parts of the third article25, articles26,31Constitution.
Section III
ELECTORAL SYSTEM. REFERENDUM
Chapter 1
ELECTORAL SYSTEM
Article 64.The elections of deputies and other persons elected to state positions are universal: citizens of the Republic of Belarus who have reached the age of 18 have the right to elect.
Citizens recognized by the court as incompetent, persons who are held by the court sentenced the court in places of imprisonment, do not have the right to elect and be elected.
Age and other qualifications for deputies and other persons elected to state positions are determined by the relevant laws, unless otherwise provided by the Constitution.
Any direct or indirect restriction of citizens' electoral rights in other cases is unacceptable and punishable in accordance with the law.
Article 65.The elections are free: the voter personally decides whether to participate in the elections and for whom to vote.
Preparation and conduct of elections are carried out openly and publicly.
Article 66.The elections are equal: voters have an equal number of votes.
Candidates elected to state posts participate in elections on an equal footing.
Article 67.The elections of deputies are direct: deputies are elected citizens directly.
The elections of deputies are held on a single voting day on the last Sunday of February.
Article 68.The voting in the elections is secret: control over the will of voters during the vote is prohibited.
Article 69.The right to nominate candidates for deputies belongs to political parties, labor collectives and citizens in accordance with the law.
Article 70.The costs of preparing and conducting elections are carried out at the expense of the state within the limits of funds allocated for these purposes. In cases provided for by law, the costs of preparing and conducting elections can be carried out at the expense of political parties, other organizations, citizens.
It is forbidden to finance the costs of preparing and conducting elections by foreign states and organizations, foreign citizens, as well as in other cases provided for by law.
Article 71.The election is provided by election commissions, unless otherwise provided by the Constitution.
The system of election commissions is headed by the Central Election Commission. The Central Election Commission organizes the presidential elections, delegates of the All -Belorussian People’s Assembly, deputies of the House of Representatives and members of the Council of the Republic, deputies of local councils of deputies, holding republican referenda, exercises control over the implementation of the legislation on elections and referendum, as well as other powers established by law.
The chairman and members of the Central Electoral Commission are elected for five years and are dismissed by the All -Belorussian People's Assembly.
The system, the procedure for the formation, the competence of election commissions and the guarantees of their independence are determined by law.
The procedure for conducting elections is determined by law.
Elections are not held during an emergency or martial law.
Article 72.The review of deputies is carried out on the grounds provided for by law.
Voting on the recall of the deputy is carried out in the manner prescribed for the election of the deputy, on the initiative of at least twenty percent of citizens who have voting law and living in the relevant territory.
The grounds and procedure for recalling members of the Council of the Republic are established by law.
Chapter 2
Referendum (popular vote)
Article 73.To solve the most important issues of state and public life, republican and local referendums may be held.
Article 74.Republican referendums are appointed by the President of the Republic of Belarus on their own initiative, at the suggestion of the All -Belorussian People’s Assembly, as well as at the proposal of the House of Representatives and the Council of the Republic, which is accepted at their separate meetings by a majority vote from the composition (full composition) of each of the chambers, or on the proposal of at least 450 thousand citizens who have elective rights, including at least 30 thousand citizens of citizens From each of the regions and the city of Minsk.
The issues submitted to the republican referendum are subject to verification for compliance with the Constitution.
The president, after making it for his consideration in accordance with the law, the proposals of the All -Belorussian People’s Assembly, the House of Representatives and the Council of the Republic or citizens on the holding of a referendum shall appoint a republican referendum.
The date of the republican referendum is established no later than three months from the date of publication of the presidential decree on the appointment of a referendum.
Decisions adopted by the republican referendum are signed by the President of the Republic of Belarus.
Article 75.Local referendums are appointed by the relevant local representative bodies on their own initiative or at least ten percent of citizens with electoral law and living in the relevant territory.
Article 76.Referendums are carried out by universal, free, equal and secret voting.
Citizens of the Republic of Belarus, who have voting law, participate in referendums.
Article 77.The decisions made by the referendum can be canceled or changed only by referendum, unless otherwise specified by a referendum.
Article 78.The procedure for conducting republican and local referenda, as well as a list of issues that cannot be submitted to the referendum are determined by law.
Section IV
President, All -Belorussian People's Assembly, Parliament, Government, Court
Chapter 3
President of the Republic of Belarus
Article 79.The President of the Republic of Belarus is the head of state, the guarantor of the Constitution of the Republic of Belarus, the rights and freedoms of man and citizen.
The President personifies the unity of the people, guarantees the implementation of the main areas of domestic and foreign policy, and represents the Republic of Belarus in relations with other states and international organizations. The President takes measures to protect the sovereignty of the Republic of Belarus, its national security and territorial integrity, ensures political and economic stability, continuity and interaction of state authorities, and mediation between state authorities.
Article 80.The president may be elected by a citizen of the Republic of Belarus by birth, at least 40 years old, who has been in the law, permanently residing in the Republic of Belarus for at least 20 years immediately before the elections, who did not and did not have previously citizenship of a foreign state or a residence permit or other document of a foreign state, which gives the right to benefits and other advantages.
Article 81.The President is elected for a period of five years directly by the people of the Republic of Belarus on the basis of universal, free, equal and direct suffrage with secret vote. The same person may be the president of no more than two terms.
Candidates for the President are nominated by citizens of the Republic of Belarus with at least 100 thousand voter signatures.
The presidential elections are appointed by the House of Representatives no later than five months and are held no later than two months before the expiration of the term of office of the previous president.
If the president’s position turned out to be vacant, the elections are held no earlier than 30 days later and no later than 70 days from the date of the opening of the vacancy.
Article 82.It is believed that the presidential election took place if more than half of the citizens of the Republic of Belarus included in the voter list took part in the vote.
The president is considered elected if more than half of the citizens of the Republic of Belarus who took part in the vote voted for him.
If none of the candidates gained the required number of votes, then in the two -week period the second round of voting is held for two candidates who received the largest number of votes. The presidential candidate is considered the elected who received more than half of the votes who took part in the vote during a second vote.
The procedure for holding the presidential elections is determined by law.
Article 83.The President takes office after taking the following content:
“Getting an office of the President of the Republic of Belarus, solemnly swear to faithfully serve the people of the Republic of Belarus, respect and protect the rights and freedoms of man and citizen, observe and defend the Constitution of the Republic of Belarus, holy and conscientiously fulfill the high duties assigned to me.”
The oath is brought in a festive atmosphere in the presence of members of the Presidium of the All -Belorussian People’s Assembly, deputies of the House of Representatives and members of the Council of the Republic, judges of the constitutional and supreme courts no later than two months from the date of the election of the president. From the moment of bringing the oath to the newly elected president, the powers of the previous president cease.
Article 84.President of the Republic of Belarus:
1) appoints republican referendums;
2) appoints the next and extraordinary elections to the House of Representatives, the Council of the Republic and local representative bodies;
3) dissolves the chambers in cases and in the manner prescribed by the Constitution;
4) excluded;
5) forms, abolishes and reorganizes the Administration of the President of the Republic of Belarus, other state bodies and other organizations, as well as advisory-public and other bodies under the President, determines their status;
6) with the preliminary consent of the House of Representatives appoints the prime minister;
7) determines the structure of the Government of the Republic of Belarus, appoints and dismisses deputies of the prime minister, ministers and other members of the government, decides to resign the government or its members;
8) excluded;
9) with the preliminary consent of the Council of the Republic, he appoints the Prosecutor General, Chairman of the Committee of State Control, Chairman and members of the Board of the National Bank and dismisses them from office on the grounds provided for by law;
10) appoints judges of the courts of general jurisdiction and dismisses them from office on the grounds provided for by law, unless otherwise determined by the Constitution;
11) excluded;
12) excluded;
13) is treated with messages to the people of the Republic of Belarus about the situation in the state and on the main directions of domestic and foreign policy;
14) is treated with annual messages to parliament, which are heard at the All -Belorussian People's Assembly; He has the right to participate in the work of the parliament and its bodies, to speak to them at any time with a speech or a message;
15) has the right to chair at meetings of the Government of the Republic of Belarus;
16) appoints representatives of the president in parliament, assistants, authorized and other officials whose positions are determined in accordance with the law, unless otherwise provided by the Constitution;
17) resolves issues about admission to the citizenship of the Republic of Belarus, its termination and the provision of asylum;
18) awards state awards, assigns cool ranks and titles, deprives state awards, class ranks and titles on the grounds provided for by law;
19) pardon convicts;
20) negotiates and sign international treaties, appoints and dismisses ambassadors and permanent representatives under international organizations;
21) accepts credentials and response letters of diplomatic representatives of foreign states accredited under it;
22) in the case of a spontaneous disaster, disaster, as well as attempts to violent change in the constitutional system, seizure or assignment of state power, armed rebellion, mass and other riots, accompanied by violence or the threat of violence by a group of persons and organizations, as a result of which there is a danger of the life and health of people, territorial integrity and existence of the state, introduces into the territory of the Republic of Belarus or into the territory of the Republic of Belarus or into its individual areas with a state of emergency with the introduction of the decision on the approval of the Council of the Republic within three days;
23) in cases provided for by law, it is entitled to postpone the strike or suspend it, but not more than a three -month period;
24) signs laws; He has the right in the manner prescribed by the Constitution, to return the law or its individual provisions with his objections to the House of Representatives;
25) has the right to cancel the acts of the government;
26) directly or through the bodies created by him exercises control over compliance with the legislation by local governing and self -government bodies; He has the right to suspend decisions of local councils of deputies and cancel the decisions of local executive and administrative bodies in case of non -compliance with their legislation;
27) forms and heads the Security Council of the Republic of Belarus; appoints and dismisses the Secretary of State Secretary of the Council of Security;
28) is the commander in chief of the armed forces; appoints and dismiss the highest command of the Armed Forces from his posts;
29) introduces in the event of a military threat or attack military law, announces full or partial mobilization with the introduction of the decision on the approval of the Council of the Republic within three days;
30) exercises other powers established by the Constitution and laws necessary for the implementation of constitutional functions assigned to it.
Article 85.The president on the basis of and in accordance with the Constitution issues decrees and orders that have mandatory force throughout the Republic of Belarus.
Decrees and orders of the president should not contradict the laws.
Article 86.The President cannot occupy other positions, unless otherwise provided by the Constitution, as well as to receive monetary rewards in addition to wages, with the exception of copyright rewards for works of science, literature and art.
The President suspenses membership in political parties for the entire term of office.
Article 87.The president can resign at any time. The resignation of the president is accepted by the House of Representatives.
Article 88.The President may be ahead of schedule from office with a persistent inability to exercise the duties of the president. The decision on the early liberation of the President is made by a majority of at least two -thirds of the vote from the full composition of the House of Representatives and a majority of at least two -thirds of the vote from the full composition of the Council of the Republic on the basis of the conclusion of the commission specially created by the chambers of the commission.
The President may be shifted from the post of All -Belorussian People's Assembly in the event of a systematic or gross violation by the President of the Constitution or the commission of a state treason or other serious crime.
The proposal for the charges of the president and his shifting from the post is made by the All -Belorussian People’s Assembly on the initiative of at least one third of the full composition of the House of Representatives or at least 150 thousand citizens of the Republic of Belarus, which have elective law. The investigation of the prosecution is organized by the All -Belorussian People's Assembly.
The decision of the All -Belorussian People’s Assembly to the President’s displacement is taken from the post after receiving the conclusion of the Constitutional Court on the presence of facts of a systematic or gross violation by the President of the Constitution if the president is accused of such a violation of the Constitution.
The decision of the All -Belorussian People’s Assembly on the displacement of the president is considered to be adopted if the majority voted for him from the full composition of the All -Belorussian People's Assembly.
The failure of the All -Russian People’s Assembly of the decision to shift the president from his post within two months from the date of the proposal on the charges of charges means deviating the prosecution. The proposal for the charges of the president and his shift from his post cannot be initiated during the consideration in accordance with the Constitution of the issue of early termination of the powers of the parliament.
In case of displacement of the president in connection with the commission of a crime, the case on the merits of the prosecution is considered by the Supreme Court.
Article 881.In the event of a vacancy of the President’s position or the impossibility of fulfilling his duties on the grounds provided for by the Constitution, his powers before bringing the oath of the newly elected president are transferred to the chairman of the Council of the Republic.
In the event of the death of the president as a result of an attempt on his life, the commission of terrorism, military aggression, due to other actions of a violent nature:
Safety Council meetings are held under the leadership of the Chairman of the Council of the Republic;
immediately on the basis of the decision of the Security Council in the prescribed manner in the territory of the Republic of Belarus, emergency or martial law is introduced;
State bodies and officials act in accordance with the decisions of the Security Council.
Article 89.The president has inviolability, his honor and dignity are protected by law.
The provisions of the first of this article apply to the president who has terminated the execution of powers in connection with the expiration of his stay in his position or ahead of schedule in the event of his resignation or persistent inability to exercise the duties of the president.
The president, who has ceased to fulfill his powers, cannot be held accountable for actions committed in connection with the exercise of his presidential powers.
The status of the president, who has terminated the execution of his powers, is established by law.
Chapter 31
All -Belorussian People's Assembly
Article 891.The All -Belorussian People’s Assembly is the highest representative body of the democracy of the Republic of Belarus, which determines the strategic directions of the development of society and the state, which ensures the inviolability of the constitutional system, the continuity of generations and civil consent.
Article 892.The delegates of the All -Belorussian People’s Assembly are:
President of the Republic of Belarus;
The President of the Republic of Belarus, who ceased to fulfill his powers in connection with the expiration of his stay in his position or ahead of schedule in case of his resignation;
representatives of legislative, executive and judicial power;
representatives of local councils of deputies;
Representatives of civil society.
Representatives of local councils of deputies and civil society for the All -Belorussian People’s Assembly are elected from each region of Minsk in the manner determined by the law.
The maximum number of delegates of the All -Belorussian People’s Assembly is 1,200 people.
The term of office of the All -Belorussian People’s Assembly is five years.
The All -Belorussian People’s Assembly is convened for the first meeting by the Central Election Commission no later than 60 days after the election of deputies.
The delegate of the All -Belorussian People’s Assembly takes part in the work of the All -Belorussian People’s Assembly without interruption from labor (official) activities.
The collegial body, which, in the manner prescribed by law, has an operational resolution of issues within the competence of the All -Belorussian People’s Assembly, is the Presidium.
The chairman of the All -Belorussian People’s Assembly, his deputies and other members of the Presidium are elected by the All -Belorussian People's Assembly by secret vote.
Article 893.All -Belorussian People's Assembly:
1) approves the main directions of domestic and foreign policy, a military doctrine, the concept of national security;
2) approves the programs of socio-economic development of the Republic of Belarus;
3) hears the Prime Minister about the implementation of programs of socio-economic development of the Republic of Belarus;
4) offers changes and additions to the Constitution;
5) offers the conduct of republican referenda;
6) are entitled to consider the issue of legitimacy of elections;
7) makes a decision to shift the president from his post in the event of a systematic or gross violation of the Constitution or the commission of a state treason or other serious crime;
8) is entitled to introduce extraordinary or martial law in the territory of the Republic of Belarus if there are grounds provided for by the Constitution, and in case of the president’s inaction on these issues; The introduction of emergency or martial law is considered by the All -Belorussian People’s Assembly at the initiative of the Presidium of the All -Belorussian People’s Assembly or the Council of the Republic;
9) at the suggestion of the President, previously agreed with the Presidium of the All -Belorussian People's Assembly:
elects the chairman, deputy chairman and judges of the Constitutional Court and dismisses them from office on the grounds provided for by law;
elects the chairman, deputy chairman and judges of the Supreme Court and dismisses them from office on the grounds provided for by law;
elects the chairman and members of the Central Election Commission and dismisses them from office on the grounds provided for by law;
10) at the proposal of the President, decides on the possibility of sending military personnel, employees of militarized organizations, other persons outside the Republic of Belarus to participate in collective security and activities to maintain international world and security;
11) establish public holidays and holidays;
12) awards the president with state awards, and also offers persons for awarding state awards;
13) gives mandatory assignment to state bodies and officials, receives information from state bodies and officials, exercises other powers established by the Constitution and law, necessary for the implementation of constitutional functions assigned to it.
Article 894.Meetings of the All -Belorussian People’s Assembly are held at least once a year.
The All -Belorussian People’s Assembly can be convened at an extraordinary meeting on the initiative of the president, the Presidium of the All -Belorussian People’s Assembly, both chambers of the National Assembly (joint decision), as well as on the initiative of at least 150 thousand citizens of the Republic of Belarus, which have suffrage.
Article 895.The All -Belorussian People’s Assembly for the implementation of constitutional functions assigned to him makes decisions.
The decisions of the All -Belorussian People’s Assembly are mandatory for execution and can cancel legal acts, other decisions of state bodies and officials contrary to the interests of national security, with the exception of acts of judicial bodies.
Article 896.The competence, the procedure for the formation and activities of the All -Belorussian People’s Assembly are determined by the Constitution and the law.
Chapter 4
Parliament is a national assembly
Article 90.Parliament - the National Assembly of the Republic of Belarus is the representative and legislative body of the Republic of Belarus.
The parliament consists of two chambers - the House of Representatives and the Council of the Republic.
Article 91.The composition of the House of Representatives - 110 deputies. The election of deputies of the House of Representatives is carried out in accordance with the law on the basis of universal, free, equal, direct suffrage with secret vote.
The Council of the Republic is the Chamber of the Territorial Representation. From each region and the city of Minsk, secret voting are elected at meetings of deputies of local councils of the basic level of each region and the city of Minsk for eight members of the Council of the Republic. Eight members of the Council of the Republic are appointed by the President of the Republic of Belarus. The member of the Council of the Republic with his consent is the President of the Republic of Belarus, who has stopped fulfilling his powers in connection with the expiration of his stay in his position or ahead of schedule in case of his resignation.
The elections of the new composition of the chambers of the parliament are assigned no later than three months before a single voting day.
Extraordinary elections of the chambers of parliament are held within three months from the date of early termination of powers of the parliament chambers.
Article 92.A deputy of the House of Representatives may be a citizen of the Republic of Belarus, who has reached the age of 21.
A member of the Council of the Republic may be a citizen of the Republic of Belarus, who has reached the age of 30 and lived in the territory of the relevant region, the city of Minsk for at least five years.
Deputies of the House of Representatives exercise their powers in parliament on a professional basis.
The same person cannot simultaneously be a member of the two chambers of the parliament. A deputy of the House of Representatives cannot be a member of the government, a deputy of the local Council of Deputies. A member of the Council of the Republic cannot be a member of the government at the same time. It is not allowed to combine the duties of a deputy of the House of Representatives, a member of the Council of the Republic with the simultaneous occupation of the position of the president or judge.
Article 93.The term of powers of the parliament is five years, unless otherwise provided by the Constitution. The powers of the parliament can be extended on the basis of the law only in case of war.
The first after the election session of the chambers of the parliament is convened by the Central Election Commission and begins its work no later than 30 days after the election. The countdown of the thirty -day period for the convening and the start of the first session of the House of Representatives is carried out from the day of the election. The countdown of the thirty -day period for the convening and the start of the first session of the Council of the Republic has been carried out from the day of the first meeting of deputies of local councils of the basic level deputies for the election of members of the Council of the Republic from the region of Minsk.
In cases and in the manner prescribed by the Constitution, the powers of the House of Representatives or the Council of the Republic may be terminated ahead of schedule. With the termination of the powers of the House of Representatives or the Council of the Republic by decision of the President, powers may also be terminated, respectively, the Council of the Republic or the House of Representatives.
Article 94.The powers of the House of Representatives can be ahead of schedule when refusing to confuse the government, expression of Votum of mistrust to the government or a two-time refusal to give preliminary consent to the appointment of the Prime Minister.
The powers of the House of Representatives or the Council of the Republic may also be terminated prematurely on the basis of the conclusion of the Constitutional Court in the event of a systematic or gross violation by the chambers of the Constitution parliament.
The president makes decisions on these issues no later than a two -month period after official consultations with the chairmen of the chambers.
The chambers cannot be dissolved during the period of emergency or martial law, in the last six months of the powers of the president, during the period of deciding the chambers of the issue of early dismissal of the President from office or during the decision of the All -Belorussian People’s Assembly of the issue of shifting the president from office.
The household of the chambers is not allowed during the year from the date of their first meetings and in the last year of the powers of the parliament.
In the case of the dissolution of the chambers of the parliament, the newly elected composition of the corresponding chamber exercises its powers before the beginning of the powers of the parliament, elected on a single voting day.
Article 95.The chambers gather for a session, which opens on the third Tuesday of September and closes on the last working day of June next year.
The House of Representatives, the Council of the Republic in case of special need are convened for an extraordinary session by the chairmen of the chambers on the initiative of the President or most deputies of the House of Representatives and members of the Council of the Republic from the full composition of each of the wards on the agenda and within the timely initiator.
Article 96.The House of Representatives elects from its composition the chairman of the House of Representatives and his deputies.
The Council of the Republic elects from its composition the chairman of the Council of the Republic and its deputies.
The chairmen of the House of Representatives and the Council of the Republic, their deputies conduct meetings and are in charge of the internal routine of the chambers.
The House of Representatives and the Council of the Republic is elected from their composition by standing commissions and other bodies for conducting billing work, preliminary consideration and preparation of issues related to the maintenance of the chambers.
Article 97.House of Representatives:
1) considers at the suggestion of the President, the All -Belorussian People’s Assembly, at least one third of the full composition of each of the chambers of the parliament or at least 150 thousand citizens of the Republic of Belarus, which have voting law, draft laws on amendments and additions to the Constitution;
2) considers draft laws on ratification and denunciation of international treaties; on the basic content and principles of the exercise of the rights, freedoms and obligations of citizens; on citizenship, status of foreigners and stateless persons; on the rights of national minorities; on the establishment of republican taxes and fees; on the principles of the implementation of property relations; on the basics of social protection; on the principles of labor regulation and employment; about marriage, family, childhood, motherhood, paternity, education, education, culture and healthcare; on environmental protection and the rational use of natural resources; on determining the procedure for resolving issues of the administrative-territorial structure of the state; about local self -government; on judicial system, legal proceedings and the status of judges; on criminal liability; about amnesty; on the declaration of war and the conclusion of the world; on the legal regimes of emergency and military provisions; on the establishment of state awards; On the interpretation of laws; draft other laws;
21) Considers draft laws on the republican budget and the approval of the report on its execution. Draft laws on the republican budget and approval of the report on its execution are submitted to the House of Representatives by the Government in agreement with the president;
3) appoints presidential elections;
4) gives preliminary consent to the president to appoint the Prime Minister;
5) hears the prime minister's report on the government of the government and approves or rejects the program; A repeated deviation of the chamber of the program means the expression of a vote of mistrust to the government;
51) annually hears the information of the Prosecutor General, Chairman of the State Control Committee and the Chairman of the Board of the National Bank on the results of their activities;
6), on the initiative of the Prime Minister, the issue of trust in the government;
7) on the initiative of at least one third of the full composition of the House of Representatives, expresses a vote of no confidence in the government; The question of the responsibility of the government cannot be posed within a year after the approval of the program of its activities;
8) accepts the resignation of the president;
9) excluded;
10) cancels orders of the Chairman of the House of Representatives.
The House of Representatives can make decisions on other issues if it is provided for by the Constitution.
Article 98.Council of the Republic:
1) approves or rejects the draft laws adopted by the House of Representatives on amendments and additions to the Constitution; draft other laws;
2) gives preliminary consent to the president to appoint and dismiss the general prosecutor, chairman of the state control committee, chairman and members of the board of the National Bank;
21) annually hears the information of the Prosecutor General, Chairman of the State Control Committee and the Chairman of the Board of the National Bank on the results of their activities;
3) excluded;
4) excluded;
5) analyzes the activities of local councils of deputies, takes measures to develop local self -government; cancels the decisions of local councils of deputies that do not comply with the law;
6) makes a decision on the dissolution of the local council of deputies in the event of a systematic or gross violation of the requirements of the legislation and in other cases provided for by law;
7) excluded;
8) considers the presidential decrees on the introduction of a state of emergency, martial law, full or partial mobilization and, no later than three days after their introduction, makes the corresponding decision.
The Council of the Republic can make decisions on other issues if it is provided for by the Constitution.
Article 99.The law of the legislative initiative belongs to the President, the All -Bulforous People’s Assembly, deputies of the House of Representatives, the Council of the Republic, the Government, as well as to citizens with electoral law, in the amount of at least 50 thousand people and are realized in the House of Representatives.
The bills, the consequence of which may be a reduction in state funds, the creation or increase in expenses, are submitted to the House of Representatives if there is a government’s conclusion.
The president or, on his behalf, the government has the right to make proposals to the House of Representatives and the Council of the Republic on the announcement of the consideration of the draft law urgent. The House of Representatives and the Council of the Republic in this case should consider this project within ten days from the date of entry on their consideration.
At the request of the president or, with his consent, the House of Representatives, the Republic of Republic’s Government, at their meetings, make decisions, voting as a whole for all the project or part made by the President or the Government, preserving only those amendments that were proposed or adopted by the President or the Government.
Article 100.Any bill, unless otherwise provided by the Constitution, is initially considered in the House of Representatives, and then in the Council of the Republic.
The bill, with the exception of cases stipulated by the Constitution, becomes the law after the House of Representatives and approval by the Council of the Republic by a majority vote from the full composition of each chamber.
The law on the republican budget for the next financial year is adopted before the start of the financial year. In case of non -rejection of the law on the republican budget within the specified period, temporary administration of the republican budget is carried out.
The bills adopted by the House of Representatives are submitted to the Council of the Republic within five days, where no more than twenty days may be considered, unless otherwise provided by the constitution.
The law is considered the approved Council of the Republic, if the majority of the full composition of the Council of the Republic voted for it, or if within twenty days, and when the bill was announced by urgent, ten days from the date of submission were not considered by the Council of the Republic. In the event of a rejection of the bill by the Council of the Republic of the Chamber, the Consulting Commission, formed on a parity basis, to overcome the disagreements. The text of the bill developed by the conciliation commission is submitted to the approval of both chambers.
If the consistent text of the bill is not adopted by the conciliation commission, the president or, on his behalf, the government may require the House of Representatives to make the final decision. The law is considered adopted by the House of Representatives, provided that at least two -thirds from the full composition of the House of Representatives voted for it.
The law adopted by the House of Representatives and approved by the Council of the Republic or adopted by the House of Representatives in the manner prescribed by this article is submitted within ten days to the president for signature. If the president agrees with the text of the law, he signed the law within two weeks.
If the president, within the specified period, appeals to the Constitutional Court with a proposal to verify the constitutionality of the law, the term for signing such a law is stopped for the duration of the consideration of the proposal by the Constitutional Court. The conclusion of the Constitutional Court should be accepted no later than ten days from the date of the president of the relevant proposal. If the Constitutional Court confirms the constitutionality of the law, the president sign it within a five -day period from the date of adoption by the Constitutional Court of the relevant conclusion. In case of recognition by the Constitutional Court of the Law, the president returns it to the House of Representatives not to comply with the Constitution.
If the president does not return any law for two weeks after he was represented by the president, and if the Constitutional Court adopted the conclusion on the constitutionality of the law-five days from the date of adoption of the relevant conclusion, the law is considered signed. The law is not considered signed and does not enter into force if it could not be returned to parliament in connection with the end of the session.
In case of disagreement with the text of the law, the president returns him with his objections to the House of Representatives, which should consider the law with the objections of the president no later than thirty days. If the law is adopted by the House of Representatives by a majority of at least two -thirds of the full composition, he, along with the president’s objections, is sent to the Council of the Republic within a five -day period, which should also consider it again no later than twenty days. The law is considered adopted if it is approved by a majority of at least two -thirds of the vote from the full composition of the Council of the Republic. The law after overcoming the House of Representatives and the Council of the Republic of the President’s objections is signed by the President within a five -day period. The law comes into force in the event that he is not signed by the president at this time.
In the same order, the chambers consider the presidential objections to certain provisions of the law, which are returned for re -voting. In this case, before the relevant decision of the House of Representatives and the Council of the Republic, the law is signed by the President and enters into force, with the exception of those provisions regarding which there are objections of the president.
Article 101.Excluded.
Article 102.Deputies of the House of Representatives and members of the Council of the Republic enjoy inviolability in the expression of their opinions and the exercise of their powers. This does not apply to their accusation of slander and insult.
During the term of their powers, deputies of the House of Representatives and members of the Council of the Republic may be arrested, otherwise they are deprived of personal freedom only with the preliminary consent of the relevant chamber, with the exception of the committing state treason or other serious crime, as well as the detention at the place of the crime.
A criminal case against a deputy of the House of Representatives or Member of the Council of the Republic is considered by the Supreme Court.
Article 103.The meetings of the chambers are open. The chambers, if the interests of the state require this, may decide on a closed meeting by a majority of votes from their full composition. During the meetings, including the closed ones, the president, his representatives, Prime Minister and government members may act out of turn, who have been signed up for speech as many times as they will require.
The chambers can be collected jointly for hearing the annual information of the Prosecutor General, Chairman of the State Control Committee and the Chairman of the Board of the National Bank on the results of their activities, as well as to resolve other issues within the competence of the Parliament.
One meeting per month is reserved for questions from deputies of the House of Representatives and members of the Council of the Republic and the response of the government.
A deputy of the House of Representatives, a member of the Council of the Republic has the right to apply to the Prime Minister, members of the government, and heads of state bodies. The request should be included in the agenda of the chamber. The response to the request must be given within twenty session days in the manner prescribed by the Chamber of Parliament.
The meeting of the chamber is considered the rightful, provided that the majority of deputies of the House of Representatives or members of the Council of the Republic from the full composition of the chamber participate in it.
Voting in the House of Representatives and Council of the Republic is open and is carried out personally by the deputy, a member of the Council of the Republic by filing a vote for or “against”. Secret vote is carried out only when solving personnel issues.
Article 104.Decisions of the House of Representatives are adopted in the form of laws and decisions. Decisions of the House of Representatives are adopted on issues of an administrative and control nature.
Decisions of the Council of the Republic are made in the form of decisions.
The decisions of the chambers are considered adopted, provided that the majority of the full composition of the chambers voted for them, unless otherwise provided by the constitution.
Laws are subject to immediate official publication after signing them and enter into force ten days after publication, unless a different period is established in the law.
The law has no retroactive force, with the exception of cases when it softens or cancel the responsibility of citizens.
Article 105.The procedure for the activities of the House of Representatives, the Council of the Republic, their bodies, deputies of the House of Representatives and members of the Council of the Republic is determined by the law and regulations of the chambers, which are signed by the chairmen of the chambers.
Chapter 5
Government - Council of Ministers of the Republic of Belarus
Article 106.The executive branch in the Republic of Belarus is carried out by the government - the Council of Ministers of the Republic of Belarus - the central body of public administration.
The government in its activities is accountable to the President of the Republic of Belarus and responsibly to the parliament of the Republic of Belarus.
The government lifts its powers to the newly elected President of the Republic of Belarus.
The Government of the Republic of Belarus consists of the Prime Minister, his deputies and ministers. The government may include the heads of other state bodies and organizations.
The Prime Minister is appointed President of the Republic of Belarus with the preliminary consent of the House of Representatives. The decision on this issue is made by the House of Representatives no later than a two-week period from the date of making a proposal on the candidacy of the Prime Minister. In the event of a two-time refusal to give preliminary consent to the appointment of the Prime Minister the President of the Republic of Belarus, the President of the Republic of Belarus has the right to appoint the acting prime minister, dissolve the House of Representatives and appoint new elections.
The work of the government is led by the Prime Minister.
Prime Minister:
1) exercises direct management of the government and bears personal responsibility for its work;
2) signs government decisions;
3) within a two -month period after its appointment, it submits to the parliament the program of the government, and in the event of its deviation, it presents a repeated program of the government within two months;
4) informs the president about the main areas of government and all his most important decisions;
41) annually informs the All-Belorussian People’s Assembly on the implementation of programs of socio-economic development of the Republic of Belarus;
5) exercises other powers related to the organization and activities of the government.
The government or any member of the government has the right to declare to the president of their resignation, if they consider it impossible to further exercise the duties assigned to them. The government declares the president to resign if the House of Representatives of the Votum of Dorrotion by the Government is expressed.
The Prime Minister can raise the question of representatives of representatives about the trust of the government on the presented program or for a specific occasion. If the House of Representatives refuses to trust, the president has the right to decide on ten days to resign the government or on the dissolution of the House of Representatives and the appointment of new elections. With the deviation of the resignation, the government continues to exercise its powers.
The president has the right to decide on his own initiative to resign the government and dismiss any member of the government.
In case of resignation or resignation of powers, the Government of the Republic of Belarus, on behalf of the President, continues to exercise its powers until the formation of a new government.
Article 107.Government of the Republic of Belarus:
leads the system of republican government bodies and other organizations, as well as on issues within its competence, a system of local executive and administrative bodies;
develops the main directions of domestic and foreign policy and takes measures to implement them;
develops and introduces in agreement with the President to the House of Representatives draft laws on the republican budget and approval of the report on its implementation; ensures the execution of the republican budget;
ensures the implementation of a unified economic, financial, credit and monetary policy, state policy in the field of science and innovation, culture, education, healthcare, ecology, social security and remuneration, public-private partnerships;
takes measures to ensure the rights and freedoms of citizens, protect the interests of the state, national security and defense, protecting property and public order, and combating crime;
acts on behalf of the owner in relation to property, which is the property of the Republic of Belarus, organizes the management of state property;
ensures the implementation of the Constitution, decisions of the All -Belorussian People’s Assembly, laws, acts of the president;
cancels acts of ministries and other republican government bodies subordinate to it;
makes the president proposals to cancel the decisions of local executive and administrative bodies in case of non -compliance with their legislation;
exercises other powers assigned to him by the Constitution, laws and acts of the president.
Article 108.The government adopts decisions that have compulsory force throughout the Republic of Belarus.
The Prime Minister publishes within his competence of the order.
Decisions of the Government and orders of the Prime Minister should not contradict the laws and decisions of the president.
The competence, the order of organization and activities of the Government is determined on the basis of the Constitution by the Law on the Council of Ministers of the Republic of Belarus.
Chapter 6
COURT
Article 109.The judiciary in the Republic of Belarus is carried out by courts.
The court system is built on the principles of territoriality and specialization.
Shipping in the Republic of Belarus is determined by the constitution and law.
The formation of extraordinary vessels is prohibited.
Article 110.Judges in the administration of justice are independent and obey only the law.
Any interference in the activities of judges to send justice is unacceptable and entails liability by law.
Article 111.Judges cannot carry out entrepreneurial activities, carry out other paid work, except for teaching and research.
The grounds for the election (appointment) of judges for positions and their dismissal are provided for by law.
Article 112.The courts carry out justice on the basis of the Constitution and other regulatory legal acts adopted in accordance with it.
If, when considering a specific case, the court has doubts about the constitutionality of the regulatory legal act to be applied, the court, before issuing a court order, raises the issue of verifying the constitutionality of this regulatory legal act in the manner prescribed by law.
Article 1121.The Supreme Court heads the system of courts of general jurisdiction and is the highest judicial body, which exercises justice through civil, criminal and other forms of proceedings provided for by law.
The chairman, deputies of the chairman and judges of the Supreme Court are elected and dismissed by the All -Belorussian People’s Assembly. The chairman and deputy chairman of the Supreme Court are elected from among the judges of the Supreme Court.
Article 113.Cases in the courts are considered by judges alone, and in cases stipulated by law, collegial.
Article 114.The proceedings of cases in all courts are open.
The hearing of cases in a closed hearing is allowed only in cases defined by law, in compliance with all the rules of legal proceedings.
Article 115.Justice is carried out on the basis of adversarial and equality of the parties in the process.
Judicial decisions are mandatory for all state bodies, other organizations, officials and citizens.
The parties and persons participating in the process have the right to appeal decisions, sentences and other court decisions.
Article 116.The Constitutional Court exercises control over the constitutionality of regulatory legal acts in the state through constitutional legal proceedings in order to protect the constitutional system of the Republic of Belarus, guaranteed by the Constitution of the rights and freedoms of man and citizen, to ensure the rule of the constitution and its direct action in the territory of the Republic of Belarus.
The Constitutional Court is formed in the amount of 12 judges from highly qualified specialists in the field of law, who, as a rule, have a scientific degree.
The chairman, deputy chairman and judges of the Constitutional Court are elected and dismissed by the All -Belorussian People's Assembly. The chairman and deputy chairman of the Constitutional Court are elected from among the judges of the Constitutional Court.
Judges of the Constitutional Court are elected for 11 years.
The competence, organization and procedure for the activities of the Constitutional Court are determined by the Constitution and the law.
Article 1161.The Constitutional Court on the proposals of the President, the Presidium of the All -Belorussian People’s Assembly, the House of Representatives, the Council of the Republic, the Supreme Court, the Council of Ministers gives a conclusion:
On the interpretation of the Constitution;
On compliance with the Constitution of laws, presidential decrees, decisions of the Council of Ministers, regulatory legal acts of other state bodies.
The Constitutional Court on the proposals of the President gives a conclusion:
on the constitutionality of draft laws on amendments and additions to the Constitution;
on the conformity of the Constitution of the laws adopted by the parliament before they are signed by the president;
on the constitutionality of issues brought to the republican referendum;
On compliance with the Constitution that have not entered into force international treaties of the Republic of Belarus.
In cases provided for by the Constitution, the Constitutional Court gives a conclusion within a two -week period:
at the suggestion of the Presidium of the All -Belorussian People’s Assembly on the presence of facts of systematic or gross violation by the president of the Constitution;
At the suggestion of the President on the presence of facts of systematic or gross violation by the chambers of the Parliament of the Constitution.
The Constitutional Court, at the proposal of the Presidium of the All -Belorussian People’s Assembly, provides conclusions on the constitutionality of the presidential elections, deputies of the House of Representatives and members of the Council of the Republic.
The Constitutional Court, in the manner prescribed by law, makes decisions:
on citizens' complaints about violations of their constitutional rights and freedoms, checking the constitutionality of the laws applied in a particular case, if all other means of judicial protection have been exhausted;
At the request of the courts, checking the constitutionality of regulatory legal acts subject to application by the courts of specific cases.
The conclusions and decisions of the Constitutional Court are final, they are not subject to appeal and protest.
Section v
Local management and self -government
Article 117.Local administration and self -government are carried out by citizens through local councils of deputies, executive and administrative bodies, bodies of territorial public self -government, local referendums, meetings and other forms of direct participation in state and public affairs.
Article 118.Local councils of deputies are elected citizens of the relevant administrative-territorial units for a period of five years, unless otherwise provided by the Constitution.
In the event of the dissolution of the local Council of Deputies, the newly elected composition of this Council of Deputies exercises its powers until the powers of the local councils of deputies elected on a single voting day.
Article 119.The heads of local executive and administrative bodies are appointed to the position and are dismissed by the President of the Republic of Belarus or in the manner prescribed by him and are approved in position by the relevant local councils of deputies.
Article 120.Local councils of deputies, executive and administrative bodies, within the limits of competence, resolve issues of local importance based on the national interests and interests of the population living in the relevant territory, and fulfill the decisions of higher state bodies.
Article 121.The exceptional competence of local councils of deputies includes:
approval of programs of socio-economic development, local budgets and reports on their implementation;
establishment in accordance with the law of local taxes and fees;
determination within the limits established by law, the procedure for managing and disposal of communal property;
The purpose of local referenda.
Article 122.Local councils of deputies, executive and administrative bodies on the basis of current legislation make decisions that have mandatory force in the relevant territory.
Decisions of local councils of deputies that are not complies with the legislation are canceled by higher representative bodies.
Decisions of local executive and administrative bodies that are not complied by the legislation are canceled by the relevant councils of deputies, higher executive and administrative bodies, as well as the President of the Republic of Belarus.
Decisions of local councils of deputies, executive and administrative bodies that limit or violate the rights, freedoms and legitimate interests of citizens, as well as in other cases provided by law, may be appealed in court.
Article 123.In the case of a systematic or gross violation by the local council of deputies of the requirements of the legislation, he may be dissolved by the Council of the Republic. Other grounds for the early termination of powers of local councils of deputies are determined by law.
Article 124.Competence, the procedure for the creation and activities of local authorities and self -government are determined by law.
Section VI
The prosecutor's office. Committee of State Control
Chapter 7
The prosecutor's office
Article 125.Supervision of the exact and uniform enforcement of laws, decrees and other regulatory legal acts by ministries and other subordinates to the Council of Ministers by bodies, local representative and executive bodies, public associations, other organizations, officials and citizens are assigned to the Prosecutor General of the Republic of Belarus and prosecutors subordinate to it.
The prosecutor's office supervises the enforcement of laws in the investigation of crimes, compliance with the law of court decisions on civil, criminal cases and cases of administrative offenses, in cases provided for by law, conducts a preliminary investigation, supports state charges in the courts.
Article 126.The unified and centralized system of the prosecution authorities is headed by the Prosecutor General, appointed and dismissed by the President with the preliminary consent of the Council of the Republic.
Lower prosecutors are appointed by the Prosecutor General.
Article 127.The Prosecutor General and lower prosecutors are independent in the exercise of their powers and are guided by law. In his activities, the Prosecutor General is reported to the president.
Article 128.The competence, organization and procedure for the activities of the prosecution authorities are determined by law.
Chapter 8
Committee of State Control
Article 129.State control over the execution of the republican budget, the use of state property, the execution of acts of the president, parliament, government and other state bodies governing state property relations, economic, financial and tax relations are carried out by the State Control Committee.
Article 130.The State Control Committee is formed by the president.
The chairman of the State Control Committee is appointed to the position and dismissed by the President with the preliminary consent of the Council of the Republic.
Article 131.The competence, organization and procedure for the activities of the State Control Committee are determined by law.
Section VII
Financial and credit system of the Republic of Belarus
Article 132.The financial and credit system of the Republic of Belarus includes a budget system, a banking system, as well as financial funds of extra-budgetary funds, organizations and citizens.
On the territory of the Republic of Belarus, a single budgetary financial, tax, monetary, currency policy is held.
Article 133.The budget system of the Republic of Belarus includes republican and local budgets.
Budget revenues are formed at the expense of taxes determined by law, other obligatory payments, as well as other receipts.
National expenses are carried out at the expense of the republican budget in accordance with its expenditure part.
In accordance with the law in the Republic of Belarus, extrabudgetary funds can be created.
Article 134.The procedure for the preparation, approval and execution of budgets is determined by law.
Article 135.The Republican Budget Republic is submitted for consideration by the parliament no later than five months from the date of the end of the reporting financial year.
Reports on the execution of local budgets are submitted for consideration by the relevant councils of deputies for a term determined by law.
Reports on the execution of republican and local budgets are published.
Article 136.The banking system of the Republic of Belarus consists of the National Bank of the Republic of Belarus and other banks. The National Bank regulates credit relations, monetary appeal, determines the procedure for settlements and has the exclusive right of the issue of money.
Section VIII
The procedure for changing and adding the Constitution
Article 137.Excluded.
Article 138.The issue of changing and supplementing the Constitution is considered by the chambers of the parliament at the initiative of the President, the All -Belorussian People’s Assembly, at least one third of the full composition of each of the chambers of the parliament or at least 150 thousand citizens of the Republic of Belarus with electoral law.
Article 139.The law on the change and addition of the Constitution can be adopted after two discussions and approval by parliament with a period of at least three months.
Changes and additions of the Constitution by parliament are not made during the period of emergency or martial law, as well as in the last six months of the powers of the House of Representatives.
Article 140.The laws on amendments and additions to the Constitution, on the introduction of these laws are considered adopted if at least two -thirds from the full composition of each of the chambers of the parliament voted for them.
Changes and additions of the Constitution can be carried out through a referendum. The decision to change and supplement the Constitution through a referendum is considered adopted if more than half of the citizens who took part in the vote voted for it. It is believed that the referendum took place if more than half of the citizens included in the voting lists took part in it.
Section I, II, IV, VIII Constitution can only be changed by referendum.
Section IX
Final and transitional provisions
Article 141.Changes and additions of the Constitution come into force ten days after the official publication of such changes and additions, unless otherwise specified in this section.
Article 142.Laws, presidential decrees and other acts acting before the amendments and additions of the Constitution entered into force are applied in part that does not contradict the constitution.
Within two years after the entry into force of amendments and additions of the Constitution, the laws provided for in the Constitution, decrees and orders of the President should be brought into line with the constitution.
Presidential decrees, published before the entry into force of amendments and additions of the Constitution, are applied until the laws are recognized as lost by their power. The provisions of the relevant decrees are priority in relation to the provisions of laws adopted before their publication.
Article 143.State bodies (officials) carry out their activities during the period for which they were formed (elected, appointed), or until the termination of their powers in the prescribed manner.
Changes and additions of the Constitution, limiting the number of terms during which the same person may take the position of president, enter into force from the day the newly elected president enters.
Article 144.The law that determines the competence, the procedure for the formation and activities of the All -Belorussian People’s Assembly is subject to adoption during the year from the date of entry into force of amendments and additions of the Constitution. A person holding the position of president on the date of entry into force of amendments and additions of the Constitution may simultaneously be the president and chairman of the All -Belorussian People's Assembly.
Article 145.Prior to the formation of the All -Belorussian People’s Assembly, the election (appointment), the dismissal of the chairman, deputy chairman and judges of the Constitutional Court, chairman, deputy chairman and judges of the Supreme Court, chairman and members of the Central Election Commission, as well as other authority transferred to the All -Russian People’s Assembly are carried out in the manner that was valid until the amendments and additions of the Constitution.
Article 146.Members of the Central Commission on the election and conduct of republican referenda are recognized as members of the Central Election Commission and retain their powers for the entire term of their election (appointment).
The Central Electoral Commission exercises authority to organize the elections of delegates of the All -Belorussian People’s Assembly after the entry into force of the law that determines the competence, the procedure for the formation and activities of the All -Belorussian People’s Assembly.
Article 147.The chambers of the National Assembly of the Seventh convocation retain their powers until the powers of the chambers of the National Assembly of the Eighth convocation.
Local councils of deputies of the twenty -eighth convocation exercise their powers before the beginning of the powers of local councils of deputies of the twenty -nine convocation.
Elections of deputies of the House of Representatives of the eighth convocation, deputies of local councils of deputies of the twenty -ninth convocation to hold on a single voting day on the last Sunday of February 2024.
Article 148.Part is the fifthArticles 1161The Constitution enters into force after bringing the legislation on constitutional proceedings in accordance with amendments and additions of the Constitution and applies to laws and other regulatory legal acts applied (subject to application) in a particular case after its entry into force.
| President of the Republic of Belarus | A. Lukashenko |
Source:https://pravo.by-National Legal Internet portal of the Republic of Belarus
