The Constitution of the Republic of Belarus

The Constitution is the fundamental law of the Republic of Belarus. When Belarus was one of the republics of the former Soviet Union, it also had its own Constitution, but in reality it was submitted to the Constitution of the USSR.

A new stage in the history of Belarusian statehood began on July 27, 1990 when the BSSR Supreme Soviet adopted the Declaration “On the State Sovereignty of the BSSR”. On August 25, 1991 the BSSR Supreme Soviet declared the political and economical independence of Belarus. In December 1991 the agreement on creation of cis was signed in the Belovezhskaya Pushcha.

The final legal act that declared Belarus a new democratic state in Eastern Europe was the 1994 Constitution. The present-day Constitution of the Republic of Belarus with amendments and additions was adopted at the national referendum on November 24, 1996.

According to the Constitution, Belarus is a presidential republic. The head of the state and the executive power is President who is elected for a five-year term. The Constitution consists of a preamble and eight chapters:

1. the basis of the constitutional system;

2. person, society, state;

3. election system, referendum;

4. legislative, executive and judicial branches of power;

5. local government and self – government;

6. state control and supervision;

7. finance and credit system;

8. the Constitution in action and the order of its changing.

The Constitution 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. The Republic of Belarus independently carries out domestic and foreign policy.

The territory of Belarus is unified and inalienable, it is a natural condition of existence and a spatial limit of natural self- determination, the basis for the nation’s well-being and sovereignty.

The multitude of political institutes, ideologies and opinions is one of the foundations of exercising democracy in the Republic. According to the Constitution 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 on the territory of the Republic of Belarus.

The Constitution establishes the principle of the supremacy of law. The State and all its organs and officials act within the limits of the Constitution and the laws adopted in accordance with it.

The Republic of Belarus recognises 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 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. Minsk is the capital of the Republic of Belarus.

The Belarusian and Russian languages are the state languages of the Republic.

The Constitution states that securing the rights and freedoms of citizens is the supreme goal of the state.

The Constitution of Belarus proclaims that all are equal before the law and have the right to equal protection of their rights and legitimate interests.

The State guarantees the freedom of opinion and conviction and the right to freely voice them as well as the freedom of public rallies and meetings, street processions, demonstrations and picketing, which do not violate the legal order and the rights of other citizens of the Republic.

Monopolisation of the mass media by the state, public associations or individuals is prohibited.

The Constitution of the Republic of Belarus guarantees the citizens of Belarus the right to health protection and social security in old age as well as free general education and professional technical training. Secondary special and higher education is accessible to all, depending on the abilities of each person. Each person has the right to obtain education in a state educational institution on the basis of contest and free of change.

The Constitution guarantees equal protection and equal conditions for the development of all forms of ownership for existence of state and private property.

The Constitution establishes the principle of separation of powers. State power in Belarus is founded on the basis of its separation into legislative, executive and judiciary. State organs in the Republic act independently and cooperate with one another, and restrain and counterbalance one another.

The defence of the Republic of Belarus is one of the most important functions of the State and is the duty of all the citizens of the country.

The Constitution establishes that no one may be pronounced guilty of a crime unless his quilt has been proven by law in a lawful court’s sentence. The Constitution reproduces the provision of the Declaration of Human Rights with regard to presumption of innocence.

The Republic of Belarus is a part of the world community. It recognises 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.

Elections and Referenda

The Fundamental law of the Republic of Belarus establishes the principle of the State building on the basis of rules of law by means of such institutions as free election and referendum, 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, as well as deputies of local Councils of Deputies are elected on the basis of general, equal, direct suffrage, by secret ballot. The right to nominate candidates for deputies belongs to public associations, workers’ collectives and citizens in accordance with the law.

The electoral procedures are prescribed by the laws of the Republic of Belarus.

Holding a referendum is one of the means of participation of citizens in the management of the affairs of the society and state. A referendum is conducted by general, free, equal voting by secret ballot. No control over the will of the voters is allowed during the voting. All citizens of the Republic of Belarus who have the right to vote take part in referenda.