Law in belarus

Each country in the world has its own system of law. There are two main traditions of law in the world. One is based on English Common law. The other tradition is known as Continental, or Roman law.

The origin of the legal system in Belarus dates back to the 14–15th centuries and reflects the influence of Byzantine secular and canon law and of Roman law via the civil-law tradition of Western Europe. At that time a lot of cities were given the right to self-govern, the so-called Magdeburg law which was a part of legislature of Grand Duchy of Litva. But the most important event in the development of feudal law of Grand Duchy of Litva was the adoption of Statutes in 1529, 1566 and 1588 years. The latter was a comprehensive and elaborate state code of laws that stood above the local legal norms. Written in the Belarusian language it was the only full code of laws in Europe since the Roman law and until the Napoleonic Code adopted in 1804. In 1830 the use of the Grand Duchy of Litva Statute was banned on the territory of Belarus as a result of the Russian expansion to the west.

Since 1922 the Belarusian Republic has established a legal system of civil and criminal courts that remained basically unchanged throughout the history of the country. In accordance with the results of the national referendum conducted in November 1996 the National Assembly is the supreme legislative body of Belarus. It is comprised of two chambers – the Council of the Republic and the House of Representatives.

The National Assembly acts independently in the framework of the mandate defined by the Belarusian Constitution. Its main function is legislative activity reflected in adoption of codes and laws, including those regarding main directions of domestic and foreign policy. All the legislative activities in Belarus are based on the principles of provision of citizens' rights, freedoms and responsibilities. The National Assembly approves state budget, adopts changes and amendments to the current legislative acts including provisions of the Constitution. Members of both chambers have the right of legislative initiative which allows them to introduce draft of a law.

Courts perform the judicial power in the republic. The Constitution of Belarus (Articles 151–161) provides the system of election of judges and People’s assessors and the collective order of trying criminal and civil cases in courts. The Constitutional Court fulfills the control over the constitutional compliance of normative acts in the country. The supervision of the exact and uniform execution of laws by all the bodies of state management, local councils and other legal and also physical persons is carried out by the General Public Prosecutor of the Republic of Belarus. The Supreme Economic court has judicial power and can supervise the activity of different economic structures in the republic while the Supreme Court supervises legislative activity of general courts of the Republic of Belarus. In general the court system is divided into three stages – district (municipal) People’s courts; regional courts and Minsk city court and the highest – the Supreme Court of the Republic of Belarus. Criminal and civil courts can be distinguished as courts of first and second instances. Courts of first instance pronounce a verdict in criminal cases and pass judgement in civil cases after trial. Courts of second instance are courts of appeal and can control the legality and justification of verdicts or judgement pronounced by courts of first instance.

Exercise 1. Match the words and their definitions

1. Secular	a. a room in a building where trials and other legal cases happen, or the people present in such a room, esp. the officials and those deciding whether someone is guilty;
2. Legislature	b. an opinion or decision, made after judging the facts that are given, esp. one made at the end of a trial;
3. Referendum	c. not having any connection with religion;
4. Chamber	d. a group of people who form (part of) a parliament;
5. Court	e. a vote in which all the people in a country or an area are asked to give their opinion;
6. Verdict	f. the group of people who have the power to make and change laws.

Exercise 2. Match the word combinations with the Russian equivalents

1. Legal system	a. внутренняя политика;
2. Self-govern	b. проект закона;
3. Code of laws	c. народный заседатель;
4. Legislative body	d. правовая система;
5. Domestic policy	e. кодекс, свод законов;
6. Draft of a law	f. самоуправление;
7. People’s assessors	g. законодательный орган.

Exercise 3. Finish the sentence adding the information from the text

1. The two main traditions of law in the world are … .

2. The origin of the legal system in Belarus dates back … .

3. Since 1922 the Belarusian Republic has established … .

4. The National Assembly acts … .

5. The National Assembly approves … .

6. The supervision of the exact and uniform execution of laws … .

Exercise 4. Fill in the missing words

Instances judicial responsibilities

adoption referendum chambers

1. The most important event in the development of feudal law of Grand Duchy of Litva was the … of Statutes in 1529.

2. In accordance with the results of the national … the National Assembly is the supreme legislative body of Belarus.

3. The National Assembly is comprised of two … – the Council of the Republic and the House of Representatives.

4. All the legislative activities in Belarus are based on the principles of provision of citizens' rights, freedoms and … .

5. Courts perform the … power in the republic.

6. Criminal and civil courts can be distinguished as courts of first and second … .

Exercise 5. Answer the following questions

1. What is the origin of Belarusian law?

2. What document was the most comprehensive state code of law in Belarus in the 16th century?

3. What body is the supreme legislative one in Belarus?

4. What are the main legislative functions of the National Assembly?

5. What are the matters the Constitutional Court deals with?

6. What does the Supreme Economic Court do?