Constitution
The Constitution of the Republic of Belarus of 1994, with amendments and additions adopted at the National referenda of November 24, 1996, and October 17, 2004, defines the Republic of Belarus as a unitary democratic social State with the rule of law, which possesses supremacy and complete authority on its territory, and independently carries out domestic and foreign policy.
The territory of the Republic of Belarus is a natural condition of existence and a spatial limit of national self-determination, the basis for the nation's well-being and sovereignty. The territory of the Republic is unified and inalienable.
The multitude of political institutes, ideologies and opinions is one of the foundations of exercising democracy in the Republic. On the territory of the Republic of Belarus the creation and activity of political parties, as well as other public associations, which have as a goal a violent change in the constitutional system or are conducting propaganda of war, national, religious and racist hostility, is prohibited.
The Constitution establishes the principle of the supremacy of law. The state and all of its bodies and officials act within the limits of the Constitution and the laws adopted in accordance with it. Legal acts or their separate provisions, which are recognized in an order established by law as contradicting the provisions of the Constitution, shall have no legal force.
The Republic of Belarus recognizes the priority of universally acknowledged principles of international law and ensures that its legislation conforms to its norms. In its foreign policy, the Republic of Belarus proceeds from the principles of the equality of States, non-use of force or threat of force, inviolability of borders, peaceful settlement of disputes, non-interference in internal affairs, and from other universally recognised principles and norms of international law. The Republic of Belarus has a goal to make its territory a nuclear-free zone, with a neutral government.
The symbols of the Republic of Belarus, as a sovereign State, are its state flag, state emblem, and state anthem. The capital of the Republic of Belarus is the city of Minsk.
The Belarusian and Russian languages are the state languages of the Republic.
The Republic of Belarus is part of the world community. It recognizes the Universal Declaration of Human Rights, the UN Charter, the International Convents on Civil and Political Rights and on Economic, Social and Cultural Rights, and accedes to the agreements within the framework of the OSCE and to many international conventions. The principles established by the major international legal instruments have found their reflection in the provisions of the Belarusian Constitution.
The Fundamental Law states that securing the rights and freedoms of citizens is the supreme goal of the State. The State guarantees to its citizens the rights and freedoms expressed in the Constitution, the laws of the Republic and envisaged in the international commitments made by the State.
The Constitution of the Republic of Belarus establishes its responsibility to its citizens for the creation of conditions for the free and adequate development of the individual, and the responsibility of citizens to the State for the rigorous fulfillment of the responsibilities laid upon them by the Constitution.
Aliens and stateless persons exercise their rights and freedoms on the territory of the Republic of Belarus and discharge their duties equally with citizens of the Republic, unless otherwise is established by the Constitution, laws and international agreements.
In conformity with the constitutional norm, the Republic of Belarus may grant refuge to persons being persecuted by other States for their political and religious convictions or on account of their nationality.
The Constitution of Belarus proclaims that everyone is equal before the law and has the right, without any discrimination, to equal protection of their rights and legitimate interests.
The State guarantees freedoms of opinion and conviction, and the right to freely voice them, as well as freedoms of public rallies and meetings, street processions, demonstrations and picketing, which do not violate law and order and the rights of other citizens of the Republic of Belarus.
Monopolization of the mass media by the State, public associations, or individuals, as well as censorship are prohibited.
The Constitution guarantees that the citizens of the Republic of Belarus are entitled to health protection, including free treatment in state health care institutions. The Fundamental Law also guarantees free general education and professional technical training. Secondary special and higher education is accessible to all, depending on the abilities of each person.
An important social guarantee is the right of citizens of the Republic of Belarus to social security in old age, in case of illness, disability, loss of a breadwinner, and in other cases stipulated by law. The State shows particular concern for persons whose health has been damaged while defending the nation and its interests.
Citizens of the Republic of Belarus have the right, conditional on their abilities and professional training, to equal access to any posts in the national bodies of power.
The Fundamental Law of the Republic of Belarus establishes as the principle of building a State with the rule of law (of forming its bodies) such institutions as referendum and free elections, and the people as the only source of power. The President of the Republic of Belarus, deputies of the Chamber of Representatives of the National Assembly of the Republic of Belarus, as well as deputies of local Councils of Deputies of the Republic of Belarus are elected on the basis of general, equal, direct suffrage, by secret ballot. The right to nominate candidates for deputies belongs to public associations, collectives of workforce and citizens in accordance with the law.
The electoral procedures are prescribed by the laws of the Republic of Belarus.
Holding of referenda is one of the means of direct participation of citizens in managing society and the State. National and local referenda may be held in the Republic of Belarus. A referendum is conducted in a general, free, and equal vote by secret ballot. No control over the will of the voters during the voting is allowed. Citizens of the Republic of Belarus who have the right to vote take part in referenda.
The procedure for holding national and local referenda, as well as the list of issues that cannot be put to a referendum, shall be established by the law.
The defence of the Republic of Belarus is a most important function of the State and is the duty of all citizens of the Republic of Belarus. Defense of the Republic of Belarus is a responsibility and sacred duty of every citizen of the Republic of Belarus. The legislation of Belarus regulates military service, the exemption grounds and conditions and its replacement.
The Constitution reproduces the provisions of the Declaration of Human Rights with regard to presumption of innocence. The Constitution establishes that no one may be pronounced guilty of a crime unless his guilt has been proven in an order envisaged by law in a lawful court's sentence.
The Fundamental Law also incorporates the provisions of the International Convent on Civil and Political Rights. The state guarantees its citizens protection of their rights and freedoms by a competent, independent and impartial court, as well as protection of their freedom, immunity and dignity. Restriction of the rights and freedoms of the individual is only permissible in the cases stipulated by legislation. The Republic's Constitution establishes the right of any person held in custody to judicial examination of the legality of his (her) detention or arrest. The accused does not have to prove his innocence.
The Constitution establishes the right of everyone to legal assistance in the exercise and protection of his or her rights and freedoms, including the right to make use, at any time, of counsel and one's other representatives in court, before other state bodies, local government authorities, at enterprises, institutions, organizations, public associations, and in relations with officials and citizens.
The State undertakes responsibility, in cases envisaged by law, to pay for the legal assistance expenses.
It is prohibited to create difficulties for the legal assistance in the Republic of Belarus.
The Fundamental Law establishes that there may be state and private property. The State guarantees to all equal rights for conducting economic and other activity, where lawful, and guarantees equal protection and equal conditions for the development of all forms of ownership.
The Constitution defines a list of facilities that form an exclusive property of the State, such as entrails of the earth, water, and forests. By the Constitution, legislation may specify other types of property, which may only be owned by the State or specifically regulate their privatization.
The Constitution establishes a division of powers: the state power in the Republic of Belarus is founded on the basis of its division into legislative, executive and judiciary. The State bodies, within the terms of their reference, act independently and co-operate with one another on a checks and balances basis.
The President of the Republic of Belarus is the Head of State, the guarantor of the Constitution of the Republic of Belarus and of the human and civil rights and freedoms. The President embodies the unity of the people, guarantees the implementation of the main lines of the home and foreign policies, represents the Republic of Belarus in its 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 between the government authorities, performs mediation between the government authorities.
The Fundamental Law of the Republic of Belarus establishes the requirements to the candidate for Presidency: citizenship of the Republic of Belarus, not younger than 35 years of age, having the right to vote, and having permanent residence in the Republic of Belarus for at least ten years immediately before the elections.
In conformance with the Constitutions (Article 84) the President of the Republic of Belarus shall:
- appoint National referenda;
- appoint regular and extraordinary elections into the Chamber of Representatives, Council of the Republic and local representative bodies;
- dismiss the Chambers in cases and in the order envisaged by the Constitution;
- appoint 6 members of the Central Commission of the Republic of Belarus on Elections and National Referendums;
- form, abolish and reorganise the Administration of the President of the Republic of Belarus, other bodies of state management, as well as consultative, advisory and other bodies under the President;
- upon the consent of the Chamber of Representatives, appoint Prime Minister;
- determine the structure of the Government of the Republic of Belarus, appoint and dismiss Deputy Prime Ministers, Ministers and other members of the Government, make decisions to dismiss the Government or its members;
- upon the consent of the Council of the Republic, appoint Chairman of the Constitutional Court, Chairman of the Supreme Court, and Chairman of the Supreme Economic Court out of the judges of these courts;
- upon the consent of the Council of the Republic, appoint judges of the Supreme Court, judges of the Supreme Economic Court, Chairman of the Central Committee on Elections and National Referenda, the General Prosecutor, the Chairman and members of the Board of the National Bank;
- appoint 6 members of the Constitutional Court, other judges of the Republic of Belarus;
- dismiss the Chairman and judges of the Constitutional Court, Chairman and judges of the Supreme Court, Chairman and judges of the Supreme Economic Court, Chairman and members of the Central Committee on Elections and National Referenda, the General Prosecutor, the Chairman and members of the Board of the National Bank on the grounds envisaged by the law with notification of the Council of the Republic;
- appoint and dismiss Chairman of the State Control Committee;
- address his messages to the people of the Republic of Belarus on the situation in the State and on the main lines of home and foreign policies;
- address his messages to Parliament which shall be listened to with no discussion at the sittings of the Chamber of Representatives and the Council of the Republic; have the right to participate in the work of the Parliament and its bodies, to make speeches or convey messages to them at any moment;
- have the right to chair the sittings of the Government of the Republic of Belarus;
- appoint heads of bodies of national governance and determine their status; appoint representatives of the President in Parliament and other officials whose posts are determined in accordance with the legislation, unless otherwise is stipulated by the Constitution;
- decide on applications to grant citizenship of the Republic of Belarus, termination thereof and granting refuge;
- establish state holidays, grant state awards, assign class ranks and titles;
- grant pardon to convicts;
- negotiate and sign international treaties, appoint and recall diplomatic representatives of the Republic of Belarus in foreign countries and international organizations;
- accept credentials and letters of recall from diplomatic representatives of foreign countries who are accredited to him;
- in case of a calamity, catastrophe, violent or threatening disorders unleashed by a group of persons and organizations as a result of which lives and health of people, territorial integrity and existence of the State are jeopardized, be entitled to introduce the state of emergency on the territory of the Republic of Belarus or in particular regions thereof with a subsequent submission of the decision within three days for approval by the Council of the Republic;
- in cases stipulated by the legislation be entitled to delay or suspend a strike, but not longer than for a three-month period;
- sign laws; have the right regulated by the Constitution to return a bill or certain provisions thereof together with the objections to the Chamber of Representatives;
- have the right to cancel the acts of the Government;
- directly or through the bodies created by him supervise observation of the legislation by local bodies of management and self-management; have the right to suspend decisions of local Council of deputies and managing bodies in case they do not correspond to the legislation;
- form and chair the Security Council of the Republic of Belarus; appoint and dismiss the State Secretary of the Security Council;
- act as Commander-in-Chief of the Armed Forces of the Republic of Belarus;
- introduce martial law in the country, in case of a military threat or invasion, announce total or partial mobilization with a subsequent submission of the decision within three days for approval by the Council of the Republic;
- perform other duties imposed on him by the Constitution and law.
The President on the basis of and in agreement with the Constitution (Article 85) issues Decrees and Ordnances binding on the whole territory of the Republic of Belarus. In cases stipulated by the Constitution the President issues Decrees having the power of law. The President directly or through the bodies created by him ensures the execution of Decrees, Ordnances and Directives.












