Constitution of the Republic of Belarus of 1994

(with alterations and amendments)

Adopted at the republican referenda of November 24,1996 and of October 17, 2004

We, the People of the Republic of Belarus, (of Belarus), proceeding from the assumption of responsibility for the present and future of Belarus, recognizing ourselves as a ful -fledged subject of the international community and conforming our

adherence to values common to al mankind, founding ourselves on our inalienable right to self-determination, supported by

the centuries-long history of development of Belarusian state-hood, striving to assert the rights and freedoms of every citizen of the Republic of Belarus, desiring to maintain civic concord, stable foundations of government by the people and a state

based on the rule of law, hereby adopt and enact this Constitution as the Fundamental Law of the Republic of Belarus.

Section 1. Principles of the Constitutional System

Article 1. The Republic of Belarus is a unitary, democratic, social state based on the rule of law.

The Republic of Belarus exercises supreme control and absolute authority over the whole of its territory, and shal implement an independent internal and foreign policy.

The Republic of Belarus shal defend its independence and territorial integrity, its constitutional system, and safeguard

legality and law and order.

Article 2. The individual, his rights, freedoms and guarantees for their attainment manifest the supreme goal and value of society and the State.

The State shal bear responsibility towards the citizen to create the conditions for the free and dignified development of his identity. The citizen bears a responsibility towards the State to discharge unwaveringly the duties imposed upon him by the

Constitution.

Article 3. The people shal be the sole source of state power and the repository of sovereignty in the Republic of Belarus.

The people shal exercise their power directly through representative and other bodies in the forms and within the bounds

specified by the Constitution.

Any actions aimed at changing the constitutional system and seizing state power by forcible means or by way of any other

violation of the laws of the Republic of Belarus shal be punishable by law.

Article 4. Democracy in the Republic of Belarus shal be exercised on the basis of diversity of political institutions, ideologies and views.

The ideology of political parties, religious or other public associations, social groups may not be made mandatory for

citizens.

Article 5. Political parties and other public associations acting within the framework of the Constitution and laws of the Republic of Belarus, shal contribute towards ascertaining and expressing the political wil of the citizens and participate in elections.

Political parties and other public associations shal have the right to use state mass media under the procedure determined

by the legislation.

The creation and activities of political parties and other public associations that aim to change the constitutional system by force, or conduct a propaganda of war, social, ethnic, religious and racial hatred, shal be prohibited.

Article 6. State power in the Republic of Belarus is exercised on the principle of division of powers between the legislature, executive and judiciary. State bodies within the confines of their powers, shal be independent: they shal co-operate among themselves acting on the principle of checks and balances.

Article 7. The Republic of Belarus shal be bound by the principle of supremacy of law.

The State and al the bodies and officials thereof shal operate within the confines of the Constitution and the laws enacted in accordance therewith.

Legal enactments or specific provisions thereof which are deemed under procedure specified in law to be contrary to the

provisions of the Constitution shal have no legal force.

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Enforceable enactments of state bodies shal be published or promulgated by some means specified in law.

Article 8. The Republic of Belarus shal recognize the supremacy of the universal y acknowledged principles of international law and ensure that its laws comply with such principles.

The Republic of Belarus in conformity with principles of international law may on a voluntary basis enter interstate formations and withdraw from them.

The conclusion of international treaties that are contrary to the Constitution shal not be permitted.

Article 9. The territory of the Republic of Belarus shal be the natural condition of the existence and spatial limit of the people's self-determination, and the basis for its prosperity and the sovereignty of the Republic of Belarus.

The territory of Belarus shal be unified and inalienable.

The territory shal be divided into regions (oblasts), districts, cities and other administrative-territorial units. The

administrative-territorial division of the State is determined by the legislation.

Article 10. A citizen of the Republic of Belarus shal be guaranteed the protection and patronage of the State both on the territory of Belarus and beyond.

No one may be deprived of citizenship of the Republic of Belarus or the right to change his citizenship.

A citizen of the Republic of Belarus may not be extradited to a foreign state, unless otherwise stipulated in international

treaties to which the Republic of Belarus is party.

Citizenship shal be acquired or lost in accordance with the law.

Article 11. Foreign nationals and stateless persons on the territory of Belarus shal enjoy rights and liberties and execute duties on equal terms with the citizens of the Republic of Belarus, unless otherwise specified in the Constitution, the laws and international treaties.

Article 12. The Republic of Belarus may grant the right of asylum to persons persecuted in other states for political or religious beliefs or their ethnic affiliation.

Article 13. Property may be the ownership of the state or private.

The State shal grant equal rights to al to conduct economic and other activities, other than those prohibited by law, and

guarantee equal protection and equal conditions for the development of al forms of ownership.

The State shal promote the development of co-operation.

The State shal guarantee to every one equal opportunities for free utilization of abilities and assets for business and other types of economic activities which are not banned by the law.

The State shal regulate economic activities on behalf of the individual and society, and shal ensure the direction and co-

ordination of state and private economic activity for social purposes.

The mineral wealth, waters and forests are the sole and exclusive property of the State. The land for agricultural use is the property of the State.

The law may specify facilities that may be the property of the State alone, or specify the special terms for their transition to private ownership, or grant the State an exclusive right to conduct certain types of activity.

The State shal guarantee the workers the right to participate in the management of enterprises, organizations and

establishments to enhance their efficiency and improve social and economic living standards.

Article 14. The State shal regulate relations among social, ethnic and other communities on the basis of the principles of equality before the law and respect of their rights and interests.

The relations in the social sphere and in labour between the organs of state management, associations of employers and

trade unions shal be exercised on the principles of social partnership and interaction of parties.

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Article 15. The State shal bear responsibility for preserving the historic, cultural and spiritual heritage, and the free development of the cultures of al the ethnic communities that live in the Republic of Belarus.

Article 16. Religions and faiths shal be equal before the law.

Relations between the State and religious organizations shal be regulated by the law with regard to their influence on the

formation of the spiritual, cultural and state traditions of the Belarusian people.

The activities of confessional organizations, their bodies and representatives, that are directed against the sovereignty of the Republic of Belarus, its constitutional system and civic harmony, or involve a violation of civil rights and liberties of its citizens as wel as impede the execution of state, public and family duties by its citizens or are detrimental to their health and morality shal be prohibited.

Article 17. The Belarusian and Russian languages shal be the official languages of the Republic of Belarus

Article 18. In its foreign policy the Republic of Belarus shal proceed from the principles of the equality of states, the non-use offeree or the threat offeree, the inviolability of frontiers, the peaceful settlement of disputes, non-interference in internal affairs of states and other universal y acknowledged principles and standards of international law.

The Republic of Belarus pledges itself to make its territory a neutral, nuclear-free state.

Article 19. The symbols of the Republic of Belarus as a sovereign state shal be its national flag, national emblem and national anthem.

Article 20. The capital of the Republic of Belarus is the city of Minsk. The status of the city of Minsk shal be determined by the law.

Section 2. The Individual, Society and the State

Article 21. Safeguarding the rights and liberties of the citizens of the Republic of Belarus shal be the supreme goal of the State.

Every individual shal exercise the right to a dignified standard of living, including appropriate food, clothing, housing and likewise a continuous improvement of necessary living conditions.

The State shal guarantee the rights and liberties of the citizens of Belarus that are enshrined in the Constitution and the laws, and specified in the state's international obligations.

Article 22. Al shal be equal before the law and entitled without discrimination to equal protection of their rights and legitimate interests.

Article 23. Restriction of personal rights and liberties shal be permitted only in the instances specified in law, in the interest of national security, public order, the protection of the morals and health of the population as wel as rights and liberties of other persons. No one may enjoy advantages and privileges that are contrary to the law.

Article 24. Every person shal have the right to life.

The State shal protect the life of the individual against any il egal infringe-ments.

Until its abolition, the death sentence may be applied in accordance with the law as an exceptional penalty for especial y

grave crimes and only in accordance with the verdict of a court of law.

Article 25. The State shal safeguard personal liberty, inviolability and dignity. The restriction or denial of personal liberty is possible in the instances and under the procedure specified in law.

A person who has been taken into custody shal be entitled to a judicial investigation into the legality of his detention or arrest.

No one shal be subjected to torture or cruel, inhuman or undignified treatment or punishment, or be subjected to medical or other experiments without one's consent.

Article 26. No one may be found guilty of a crime unless his guilt is proven under the procedure specified in law and established by the verdict of a court of law that has acquired legal force. A defendant shal not be required to prove one's innocence.

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Article 27. No person shal be compel ed to be a witness against oneself, members of one's family or next of kin. Evidence obtained in violation of the law shal have no legal force.

Article 28. Everyone shal be entitled to protection against unlawful interference with one's private life, including encroachments on the privacy of one's correspondence and telephone and other communications, and on one's honour and

dignity.

Article 29. The right of the people to be secure in their houses and other legitimate effects shal be guaranteed. No person shal have the right, save in due course of law to enter the premises or other legal property of a citizen against one's wil .

Article 30. Citizens of the Republic of Belarus shal have the right to move freely and choose their place of residence within the Republic of Belarus, to leave it and to return to it without hindrance.

Article 31. Everyone shal have the right independently to determine one's attitude towards religion, to profess any religion individual y or jointly with others, or to profess none at al , to express and spread beliefs connected with one's attitude

towards religion, and to participate in the performance of acts of worship and religious rituals and rites, which are not

prohibited by the law.

Article 32. Marriage, the family, motherhood, fatherhood, and childhood shal be under the protection of the State.

On reaching the age of consent women and men shal have the right to enter into marriage on a voluntary basis and start a

family. A husband and wife shal be equal in family relationships.

Parents or persons in loco parentis shal be entitled and required to raise their children and to take care of their health, development and education. No child shal be subjected to cruel treatment or humiliation or used for work that may be

harmful to its physical, mental or moral development. Children shal care for their parents or persons in loco parentis and

render them assistance.

Children may be separated from their family against the consent of their parents or persons in loco parentis only according

to the verdict of the court of law, if the parents or persons in loco parentis fail in their duty towards their children.

Women shal be guaranteed equal rights with men in their opportunities to receive education and vocational training,

promotion in labour, socio-political, cultural and other spheres of activity, as wel as in creating conditions safeguarding their labour and health.

The young people are guaranteed the right for their spiritual, moral and physical development.

The State shal create al necessary conditions for the free and effective participation of the young people in the political, social, economic and cultural development of society.

Article 33. Everyone is guaranteed freedom of thoughts and beliefs and their free expression.

No one shal be forced to express one's beliefs or to deny them. No monopolization of the mass media by the State, public

associations or individual citizens and no censorship shal be permitted.

Article 34. Citizens of the Republic of Belarus shal be guaranteed the right to receive, store and disseminate complete, reliable and timely information of the activities of state bodies and public associations, on political, economic, cultural and international life, and on the state of the environment.

State bodies, public associations and officials shal afford citizens of the Republic of Belarus an opportunity to familiarize themselves with material that affects their rights and legitimate interests.

The use of information may be restricted by legislation with the purpose to safeguard the honour, dignity, personal and family life of the citizens and the ful implementation of their rights.

Article 35. The freedom to hold assemblies, ral ies, street marches, demonstrations and pickets that do not disturb law and order or violate the rights of other citizens of the Republic of Belarus, shal be guaranteed by the State. The procedure for conducting the above events shal be determined by the law.

Article 36. Everyone shal be entitled to freedom of association.

Judges, employees of the Procurator's Office, the staff of bodies of internal affairs, the State Supervisory Committee and

security bodies, as wel as service-men may not be members of political parties or other public associations that pursue

political goals.

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Article 37. Citizens of the Republic of Belarus shal have the right to participate in the solution of state matters, both directly and through freely elected representatives.

The direct participation of citizens in the administration of the affairs of society and the State shal be safeguarded by the holding of referenda, the discussion of draft laws and issues of national and local significance, and by other means specified in law.

In instances determined by the law the citizens of the Republic of Belarus shal take part in the discussion of issues of state and public life at republican and local meetings.

Article 38. Citizens of the Republic of Belarus shal have the right to vote freely and to be elected to state bodies on the basis of universal, equal, direct or indirect suffrage by secret bal ot.

Article 39. Citizens of the Republic of Belarus, in accordance with their capabilities and vocational training, shal be entitled to equal access to any post in state bodies.

Article 40. Everyone shal have the right to address personal or col ective appeals to state bodies.

State bodies, as wel as the officials thereof, shal consider any appeal and furnish a reply in point of substance within the period specified in law. Any refusal to consider an appeal that has been submitted shal be justified in writing.

Article 41. Citizens of the Republic of Belarus shal be guaranteed the right to work as the worthiest means of an individual's self-assertion, that is, the right to choose of one's profession, type of occupation and work in accordance with one's

vocation, capabilities, education and vocational training, and having regard to social needs, and the right to healthy and safe working conditions.

The State shal create conditions necessary for ful employment of the population. Where a person is unemployed for

reasons which are beyond one's control, he shal be guaranteed training in new specializations and an upgrading of his

qualifications having regard to social needs, and to an unemployment benefit in accordance with the law.

Citizens shal have the right to protection of their economic and social interests, including the right to form trade unions and conclude col ective contracts (agreements), and the right to strike.

Forced labour shal be prohibited, other than work or service specified in the 80 verdict of a court of law or in accordance with the law on the state of emergency or martial law.

Article 42. Employees shal be guaranteed adjust share of remuneration for the economic results of their labour in

accordance with the quantity, quality and social significance of such work, but it shal not be less than the level which shal ensure them and their families a life of independence and dignity.

Women and men and adults and minors shal be entitled to equal remuneration for work of equal value.

Article 43. Working people shal be entitled to holidays. For employees, this right shal be safeguarded by the establishment of a working week of no more than 40 hours, shorter working hours at night and the provision of an annual paid leave and

weekly rest days.

Article 44. The State shal guarantee everyone the right of property and shal contribute to its acquisition.

A proprietor shal have the right to possess, enjoy and dispose of assets either individual y or jointly with others. The

inviolability of property and the right to inherit property shal be protected by law.

Property acquired in accordance with the law shal be safeguarded by the State.

The State shal encourage and protect the savings of citizens and guarantee conditions for the return of deposits.

The compulsory alienation of assets shal be permitted only by reason of public need, under the conditions and the

procedure specified by law, with timely and ful compensation for the value of the alienated assets, and in accordance with a ruling of a court of law.

The exercise of the right of property shal not be contrary to social benefit and security, or be harmful to the environment or historical and cultural treasures, or infringe upon the rights and legal y protected interests of others.

Article 45. Citizens of the Republic of Belarus shal be guaranteed the right to health care, including free treatment at state health-care establishments. The State shal make health care facilities accessible to al of its citizens. The right of citizens of

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the Republic of Belarus to health care shal also be secured by the development of physical training and sport, measures to

improve the environment, the opportunity to use fitness establishments and improvements in occupational safety.

Article 46. Everyone shal be entitled to a conducive environment and to compensation for loss or damage caused by the violation of this right.

The State shal supervise the rational utilization of natural resources to protect and improve living conditions, and to

preserve and restore the environment.

Article 47. Citizens of the Republic of Belarus shal be guaranteed the right to social security in old age, in the event of il ness, disability, loss of fitness for work and loss of a bread-winner and in other instances specified in law.

The State shal display particular concern for veterans of war and labour, as wel as for those who lost their health in the defence of national and public interests.

Article 48. Citizens of the Republic of Belarus shal be entitled to housing. This right shal be safeguarded by the

development of state, and private housing and assistance for citizens in the acquisition of housing.

The State and local self-government shal grant housing free of charge or at available prices in accordance with the law to

citizens who are in need of social protection. No one may be deprived of housing arbitrarily.

Article 49. Everyone shal have the right to education. Accessible and free general, secondary and vocation-technical education shal be guaranteed.

Secondary specialized and higher education shal be accessible to al in accordance with the capabilities of each individual.

Everyone may, on a competitive basis, obtain the appropriate education at state educational establishments free of charge.

Article 50. Everyone shal have the right to preserve one's ethnic affiliation, and equal y, no one may be compel ed to define or indicate one's ethnic affiliation.

Insults to ethnic dignity shal be prosecuted by law.

Everyone shal have the right to use one's native language and to choose the language of communication. In accordance

with the law, the State shal guarantee the freedom to choose the language of education and teaching.

Article 51. Everyone shal have the right to take part in cultural life. This right shal be safeguarded by universal accessibility to the treasures of domestic and world culture that are held in state and public col ections and by the development of a

network of cultural and educational establishments.

Freedom of artistic , scientific and technical creativity and teaching shal be guaranteed.

Intel ectual property shal be protected by law.

The State shal contribute to the development of culture, scientific and technical research for the benefit of common

interests.

Article 52. Everyone in the territory of the Republic of Belarus shal abide by its Constitution and laws and respect national traditions.

Article 53. Everyone shal respect the dignity, rights, liberties and legitimate interests of others.

Article 54. Everyone shal preserve the historical, cultural and spiritual heri-tage and other national treasures.

Article 55. It shal be the duty of everyone to protect the environment.

Article 56. Citizens of the Republic of Belarus shal contribute towards the funding of public expenditure through the payment of state taxes, dues and other payments.

Article 57. It shal be the responsibility and sacred duty of every citizen of the Republic of Belarus to defend the Republic of Belarus.

The procedure governing military service, the grounds and conditions for exemption from military service and the

substitution thereof by alternative service shal be determined by the law.

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Article 58. No one shal be compel ed to discharge duties that are not specified in the Constitution of the Republic of Belarus and its laws or renounce his rights.

Article 59. The State shal take al measures at its disposal to create the domestic and international order necessary for the exercise in ful of the rights and liberties of the citizens of the Republic of Belarus that are specified in the Constitution.

State bodies, officials and other persons who have been entrusted to exercise state functions shal take necessary

measures to implement and safeguard the rights and liberties of the individual.

These bodies and persons shal be held responsible for actions violating the rights and liberties of an individual.

Article 60. Everyone shal be guaranteed protection of one's rights and liberties by a competent, independent and impartial court of law within time periods specified in law.

To defend their rights, liberties, honour and dignity, citizens shal be entitled in accordance with the law to recover, through the courts, both property damage and financial compensation for moral injury.

Article 61. Everyone shal have the right in accordance with the international instruments ratified by the Republic of Belarus to appeal to international organizations to defend their rights and liberties, provided al available interstate means of legal defense have been exhausted.

Article 62. Everyone shal have the right to legal assistance to exercise and defend his rights and liberties, including the right to make use, at any time, of the assistance of lawyers and one's other representatives in court, other state bodies,

bodies of local government, enterprises, establishments, organizations and public associations, and also in relations with

officials and citizens. In the instances specified in law, legal assistance shal be rendered from public funds.

Opposition to the rendering of legal assistance shal be prohibited in the Republic of Belarus.

Article 63. The exercise of the personal rights and liberties specified in this Constitution may be suspended only during a state of emergency or martial law under the procedure and within the limits specified in the Constitution and the law.

In carrying out special measures during a state of emergency, the rights specified in Article 24, part three of Article 25 and Articles 26 and 31 of the Constitution may not be restricted

Section 3. Electoral System. Referendum

Chapter 1. Electoral System

Article 64. The elections of deputies and other persons elected to state office by the people shal be universal: citizens of the Republic of Belarus who have reached the age of 18 shal be eligible to vote.

Citizens who are deemed incapable by a court of law or held in places of confinement in accordance with the verdict of a

court shal not take part in elections. Persons in respect of whom preventive punishment-detention is selected under the

procedure specified in the law on criminal proceedings shal not take part in voting. Any direct or indirect restrictions on citizens' voting rights in other instances shal be impermissible and punishable by law.

The age qualification of deputies and other persons elected to state positions shal be determined by corresponding laws,

unless otherwise provided by the Constitution.

Article 65. Elections shal be free. A voter shal decide personal y whether to take part in elections and for whom to vote.

The preparation and conduct of elections shal be open and in public.

Article 66. Elections shal be held according to the principle of equal suffrage. Voters shal have equal number of votes.

Candidates standing for public office shal take part in elections on an equal basis.

Article 67. Elections of deputies shal be direct. Deputies shal be elected by citizens directly.

Article 68. Voting at elections shal be secret. The monitoring of voters' preferences while voting is in progress shal be prohibited.

Article 69. Public associations, work col ectives and citizens shal have the right to nominate candidates for deputy in accordance with the law.

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Article 70. Expenditure incurred in the preparation and conduct of elections shal be covered by the State within the limits of the funds assigned for that purpose. In instances determined by the law, the expenditure for the preparation and conduct of

elections may be carried out at the expense of public associations, enterprises, offices, organizations and citizens.

Article 71. Elections shal be conducted by electoral commissions, unless otherwise specified in the Constitution.

The procedure governing the conduct of elections shal be determined by the laws of the Republic of Belarus.

No elections shal be held during a state of emergency or martial law.

Article 72. The recal of deputies shal be exercised to the order and instances as determined by the law.

The voting for the recal of a deputy shal be exercised to the order determined for the election of the deputy, and on the

initiative of no less than 20 percent of the citizens eligible to vote and resident in the corresponding area.

The reason and order for the recal of a member of the Council of the Republic shal be determined by the law.

Chapter 2. Referendum (Plebiscite)

Article 73. National and local referenda may be held to resolve the most important issues of the State and society.

Article 74. National referenda shal be cal ed on the initiative of the President of the Republic of Belarus, as wel as on the initiative of the Council of the Republic or House of Representatives, which is taken at their separate sittings by a majority of the ful number of deputies of each house, or on the initiative of no fewer than 450,000 citizens eligible to vote, including no fewer than 30,000 citizens from each of the regions (oblasts) and city of Minsk.

The President shal cal a national referendum after its submission by the Council of the Republic and House of

Representatives in accordance with the law, or by the citizens themselves.

The date of the referendum shal be no later than three months since the President issued the decree on holding a

referendum.

The decisions taken by the national referendum shal be signed by the President of the Republic of Belarus.

Article 75. Local referenda shal be cal ed by the relevant local representative bodies on their initiative or on the recommendation of no less than ten percent of the citizens who are eligible to vote and resident in the area concerned.

Article 76. Referenda shal be conducted by means of universal, free, equal and secret bal ot. Citizens of the Republic of Belarus eligible to vote shal take part in referenda.

Article 77. The decisions adopted by referendum may be reversed or amended only by means of another referendum,

unless otherwise specified by the referendum.

Article 78. The procedure governing the conduct of national and local referenda and a list of issues that may not be put to a referendum shal be determined by the law of the Republic of Belarus.

Section 4. The President, Parliament, Government, the Courts

Chapter 3. The President of the Republic of Belarus

Article 79. The President of the Republic of Belarus shal be the Head of State, the guarantor of the Constitution of the Republic of Belarus, the rights and liberties of man and citizen.

The President shal personify the unity of the nation, the implementation of the main guidelines of the domestic and foreign policy, shal represent the State in the relations with other states and international organizations. The President shal provide the protection of the sovereignty of the Republic of Belarus, its national security and territorial integrity, shal ensure its political and economic stability, continuity and interaction of bodies of state power, shal maintain the intermediation among the bodies of state power.

The President shal enjoy immunity, and his honour and dignity shal be protected by the law.

Article 80. Any citizen of the Republic of Belarus by birth at least 35 years of age who is eligible to vote and has been resident in the Republic of Belarus for at least ten years to the elections may be elected President.

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Article 81. The President shal be elected directly by the people of the Republic of Belarus for a term of office of five years by universal, free, equal, direct and secret bal ot.

Presidential candidates shal be nominated by citizens of the Republic of Belarus where the signatures of no less than

100,000 voters have been col ected.

Presidential elections shal be cal ed by the House of Representatives no later than five months and shal be conducted no

later than two months prior to the expire of the term of office of the previous President.

Where the office of the President becomes vacant, elections shal be held no sooner than 30 days and no later than 70

days, from the day on which the office fel vacant.

Article 82. The elections shal be deemed to have taken place where over half the citizens of the Republic of Belarus on the electoral rol have taken part in the pol .

The President shal be deemed elected where over half the citizens of the Republic of Belarus who took part in the pol voted for him.

Where no candidate pol s the requisite number of votes, within two weeks a second round of voting shal be conducted

between the two candidates who obtained the largest number of votes. The presidential candidate who obtains more than

half the votes of those who took part in the second pol shal be deemed to be elected.

The procedure governing the conduct of presidential elections shal be determined by the law of the Republic of Belarus.

Article 83. The President shal assume office after taking the fol owing Oath:

"Assuming the office of President of the Republic of Belarus, I solemnly swear to faithful y serve the people of the Republic of Belarus, to respect and safeguard the rights and liberties of man and citizen, to abide by and protect the Constitution of the Republic of Belarus, and to discharge strictly and conscientiously the lofty duties that have been bestowed upon me".

The Oath shal be administered in a ceremonial setting attended by members of the House of Representatives and the

Council of the Republic, the judges of the Constitutional, Supreme and Economic Courts no later than two months from the

day on which the President is elected. The powers of the previous President shal terminate the moment the President-elect

takes the Oath.

Article 84. The President of the Republic of Belarus shal :

1) cal national referenda;

2) cal regular and extraordinary elections to the House of Representatives, the Council of the Republic and local

representative bodies;

3) dissolve the chambers of the Parliament to the order and instances determined by the Constitution;

4) appoint six members of the Central Commission of the Republic of Belarus on Elections and National

Referenda;

5) form, dissolve and reorganize the Administration of the President of the Republic of Belarus, other bodies of

state administration, as wel as consultative advisory councils, other bodies attached to the Presidency;

6) appoint the Prime minister of the Republic of Belarus with the consent of the House of Representatives;

7) determine the structure of the Government of the Republic of Belarus, appoint and dismiss the deputy Prime

ministers, ministers and other members of the Government, take the decision on the resignation of the

Government, or any of its members;

8) appoint with the consent of the Council of the Republic the Chairperson of the Constitutional, Supreme and

Economic Courts from among the judges of these courts;

9) appoint with the consent of the Council of the Republic the judges of the Supreme and Economic Courts,

Chairperson of the Central Commission of the Republic of Belarus on Elections and National Referenda, the

Procurator-General, the Chairperson and members of the Governing Board of the National Bank;

10) appoint six members of the Constitutional Court, and other judges of the Republic of Belarus;

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11) dismiss the Chairperson and judges of the Constitutional, Supreme and Economic Courts, the Chairperson of

the Central Commission of the Republic of Belarus on Elections and National Referenda, the Procurator-General,

the Chair-person and members of the Board of the National Bank to the order and instances determined by the law

and to the notification of the Council of the Republic;

12) appoint and dismiss the Chairperson of the State Supervisory Committee;

13) deliver messages to the people of the Republic of Belarus on the state of the nation and on the guidelines of

the domestic and foreign policy;

14) deliver annual messages to the Parliament which are not open to discussion at the sittings of the House of

Representatives and Council of the Republic; have the right to participate in the sessions of Parliament and its

bodies; deliver speeches and addresses to Parliament at any requested time;

15) have the right to chair the meetings of the Government of the Republic of Belarus;

16) appoint leading officials of bodies of state administration and determine their status; appoint official

representatives of the President in the Parliament and other officials whose offices are determined by the law,

unless otherwise specified in the Constitution;

17) resolve issues regarding the granting of citizenship of the Republic of Belarus, the termination thereof and the

granting of asylum;

18) institute state holidays and red-letter days, bestow state awards, ranks and titles;

19) grant pardons to convicted citizens;

20) conduct negotiations and sign international treaties, appoint and recal diplomatic representatives of the

Republic of Belarus in foreign countries and at international organizations;

21) receive the credentials and letters of recal of the accredited diplomatic representatives of foreign countries;

22) in the event of a natural disaster, a catastrophe, or unrest involving violence or the threat of violence on the

part of a group of persons or organizations that endangers peoples lives and health or jeopardizes the territorial

integrity and existence of the State, declare a state of emergency in the territory of the Republic of Belarus or in

specific areas thereof and submit the decision to the Council of the Republic for approval within three days;

23) have the right, in instances specified in the law, to defer a strike or suspend it for a period not exceeding three

months;

24) sign bil s and have the right to the order determined by the Constitution to return it or some of its provisions

with the objections to the House of Representatives;

25) have the right to abolish acts of the Government;

26) exercise supervision directly or through special y formed bodies of observance of laws by local organs of

administration or self-government and have the right to suspend decisions of local councils of deputies, or abolish

decisions of local executive and administrative bodies where they do not conform to the requirements of the law;

27) form and head the Security Council of the Republic of Belarus, and appoint and dismiss the State Secretary of

the Security Council;

28) be the Commander-in-Chief of the Armed Forces of the Republic of Belarus; appoint and dismiss the Supreme

Command of the Armed Forces;

29) impose, in the event of military threat or attack, martial law in the territory of the Republic of Belarus and

announce general or partial mobilization with the submission within 3 days of the taken decision for approval of the

Council of the Republic;

30) exercise other powers entrusted to him by the Constitution and the laws.

Article 85. The President shal issue decrees and orders on the basis and in accordance with the Constitution which are mandatory in the territory of the Republic of Belarus.

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In instances determined by the Constitution, the President shal issue decrees which have the force of the law. The

President shal ensure directly or through special y formed bodies the execution of the decrees, orders and instructions.

Article 86. The President may not hold other offices or receive any monetary remuneration other than his salary, apart from royalties for works of science, literature and art.

The President shal suspend his membership of political parties and other public associations that pursue political goals

during the whole term in office.

Article 87. The President may tender his resignation at any time. The President's resignation shal be accepted by the House of Representatives.

Article 88. The President of the Republic of Belarus may be prematurely removed from office where he is persistently

incapable to discharge his duties on account of the state of his health. The issue of removing the President shal be taken by a resolution of the House of Representatives adopted by a majority of no less than two-thirds of the elected deputies as

determined by the Constitution and a majority of no less than two-thirds of the ful composition as determined by the

Constitution of the Council of the Republic on the basis of the findings of an ad hoc Commission formed by the Chambers of

the Parliament.

The President may be removed from office for acts of state treason and other grave crimes. The decision to file a charge

against the President shal be supported by a majority of the whole House of Representatives on behalf of no less than one-

third of the number of deputies. The investigation of the charge shal be exercised by the Council of the Republic. The

President shal be deemed to be removed from office if the decision is adopted by no less than two-thirds of the ful

composition of the Council of the Republic, and no less than two-thirds of the ful House of Representatives.

The failure of the Council of the Republic and House of Representatives to take a decision to remove the President from

office within a month since it was initiated shal make the move invalid. The move to remove the President from office may

not be initiated in accordance with the provision of the Constitution in the course of the hearings on the premature

termination of the powers of Parliament.

Where the President is removed in connection with the commission of a crime, the case shal be examined on the merits of

the charge by the Supreme Court.

Article 89. Whether the office of President fal s vacant or the President is unable to discharge his duties to the order as determined by the Constitution, his power shal be transferred to the Prime Minister until the President-elect is sworn in.

Chapter 4. Parliament - The National Assembly

Article 90. The Parliament - the National Assembly is a representative and legislative body of the Republic of Belarus.

The Parliament shal consist of two chambers - the House of Representatives and the Council of the Republic.

Article 91. The House of Representatives shal consist of 110 deputies. The election of deputies to the House of

Representatives shal be carried out in accordance with the law on the basis of universal, equal, free, direct electoral

suffrage and by secret bal ot.

The Council of the Republic shal be a chamber of territorial representation. The Council of the Republic shal consist of

eight deputies from every region (oblast) and the city of Minsk, elected at the meetings of deputies of local Councils of

deputies of base level of every region (oblast) and the city of Minsk from their ranks. Eight members of the Council of the

Republic shal be appointed by the President of the Republic of Belarus.

Elections for a new composition of the chambers of Parliament shal be set no later than four months and held no later than

30 days prior to the expire of the powers of the current Parliament.

Extraordinary elections for the chambers of the Parliament shal be held within three months since the premature expire of

the powers of the chambers of the Parliament.

Article 92. Any citizen of the Republic of Belarus who has reached the age of 21 may become a deputy of the House of

Representatives.

Any citizen of the Republic of Belarus who has reached the age of 30, and who has been resident on the territory of a

corresponding region (oblast), or the city of Minsk no less than five years may become a member of the Council of the

Republic.

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A deputy of the House of Representatives shal exercise one's powers in the Parliament on a professional basis unless

otherwise is determined by the Constitution. A deputy of the House of Representatives may simultaneously be member of

the Government.

No person may be simultaneously a member of both chambers of the Parliament. A member of the House of

Representatives may not be a member of a local Council of deputies. A member of the Council of the Republic may not be

simultaneously a member of the Government. No person may exercise one's duties as a member of the House of

Representatives, or member of the Council of the Republic and simultaneously hold the office of President or adjudge.

Article 93. The term of the Parliament shal be four years. The powers of the Parliament may be extended by law only in the event of a war.

The first session of Parliament after the elections shal be cal ed by the Central Commission on Elections and National

Referenda and shal be convened no later than 30 days after the elections. The countdown of the thirty day period for cal ing and beginning of the first session of the House of Representatives shal start from the day of the second round of elections for the new Parliament. If the second round of elections for the House of Representatives is not held, then the countdown of the thirty day period shal start from the day of the first round of general elections in the Republic of Belarus. The countdown of the thirty day period for cal ing and convening the first session of the Council of the Republic shal start from the day of the first meeting of the deputies of the local Councils of deputies of base level for the elections of the members of the Council of the Republic from the regions (oblasts) or the city of Minsk.

The powers of the House of Representatives or the Council of the Republic may be terminated prematurely to the order as

determined by the Constitution. With the termination of the powers of the House of Representatives or the Council of the

Republic, the President may take the decision to terminate the powers of the House of Representatives or the Council of the

Republic consequently.

Article 94. The powers of the House of Representatives may be terminated prematurely where no confidence is expressed or a non-confidence vote is expressed to the Government, or where the House fails twice to give its consent for the

appointment of the Prime Minister.

The powers of the House of Representatives or the Council of the Republic may be prematurely terminated in accordance

with the conclusion of the Constitutional Court due to systematic and gross violation of the Constitution by the chambers of the Parliament.

The decision to this issue shal be taken by the President after official consultations with the Chairs of the chambers.

The chambers may not be dissolved during a state of emergency or martial law, in the last six months of the term of office of the President, in the course of proceedings of both chambers on the premature removal of the President from office.

Both chambers may not be dissolved in the course of the first year since the first sittings were held.

Article 95. The chambers shal hold their regular sessions twice a year. The first session shal open on 2 October; its duration may not exceed 80 days. The second session shal open on 2 April and its duration may not exceed 90 days.

If 2 October or 2 April is a non-working day, then the session shal begin its proceedings on the first fol owing day after the said non-working day.

The House of Representatives and the Council of the Republic may in instances of urgent necessity be convened for an

extraordinary session to the request of the President, or initiative of no less than a two-thirds majority of the ful composition of every chamber for a special agenda.

The extraordinary sessions shal be cal ed by the decrees of the President.

Article 96. The House of Representatives shal elect from the ranks of the deputies the Chairperson of the House and the deputy.

The Council of the Republic shal elect from the ranks of senators the Chairperson of the Council of the Republic and the

deputy.

The Chairpersons of the House of Representatives and the Council of the Republic, their deputies shal conduct the

proceedings and shal be in charge of the regulations of the operation of the chambers.

The House of Representatives and the Council of the Republic shal elect from the ranks of the deputies standing

committees and other bodies to draft laws, give preliminary consideration to, and prepare issues that fal within the

jurisdiction of the chambers.

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Article 97. The House of Representatives shal :

1) consider draft laws put forward by the President or submitted by no less than 150 thousand citizens of the

Republic of Belarus, who are eligible to vote, to make amendments and alterations in the Constitution and give its

interpretation;

2) consider draft laws, including the guidelines of the domestic and foreign policy of the Republic of Belarus; the

military doctrine; ratification and denunciation of international treaties; the fundamental concept and principles of

execution of rights, liberties and duties of its citizens; citizenship issues, the status of foreigners and persons

without citizenship; the rights of ethnic minorities: the approval of the budget of the republic and the account on its

implementation; the introduction of national taxes and dues; the principles of ownership; the basics of social

security; the principles regulating labour and employment, marriage, the family, childhood, maternity, paternity,

education, upbringing, culture and public health; environmental protection and the rational utilisation of natural

resources; determination of the procedure for resolving issues relating to the administrative-territorial structure of

the State; local self-government; the administration of justice and the status of judges; issues of criminal

responsibility and amnesty; declaration of war and conclusion of peace; martial law and a state of emergency;

institution of state awards; interpretation of laws;

3) cal elections for the Presidency;

4) grant consent to the President concerning the appointment of the Prime minister;

5) consider the report of the Prime minister on the policy of the Government and approve or reject it; a second

rejection by the House of the policy of the Government shal be deemed as an expression of non-confidence to the

Government;

6) consider on the initiative of the Prime minister a cal for a vote of confidence;

7) on the initiative of no less than one-third of the ful composition of the House of Representatives express a non-

confidence vote to the Government; the issue of liability of the Government may not be discussed in the course of

the year after the approval of the Programme of government policy;

8) accept the resignation of the President;

9) be entitled with a majority of the ful composition of the House of Representatives to forward charges of treason

or of some other grave crime against the President; on the basis of the decision of the Council of the Republic and

with no less than a two-thirds majority of the ful composition of the House take the decision to remove the

President from office;

10) cancel the order of the Chairperson of the House of Representatives. The House of Representatives may take

decisions on other issues which are determined by the Constitution.

Article 98. The Council of the Republic shal :

1) approve or reject draft laws adopted by the House of Representatives with regard to alterations and addenda to

the Constitution; and on the interpretation of the Constitution, as wel as other draft laws;

2) give its consent for the appointment by the President of the Chairperson of the Constitutional Court, Chairperson

and judges of the Supreme Court, the Chairperson and judges of the Supreme Economic Court, the Chairperson

of the Central Commission on Elections and National Referenda, the Procurator-General, the Chairperson and

members of the National Bank;

3) elect six judges of the Constitutional Court;

4) elect six members of the Central Commission on Elections and National Referenda;

5) reverse decisions of local Councils of deputies which do not conform to legislation;

6) adopt resolution on the dissolution of local Council of deputies where it systematical y and flagrantly violates the

requirements of the law and other instances determined by the law;

7) consider charges of treason or of some other grave crime forwarded by the House of Representatives against

the President and take decision on its investigation. Given the presence of substantial evidence take the decision

to remove the President from office with no less than two-thirds of the ful composition of the House;

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8) consider Presidential decrees on the introduction of a state of emergency, martial law, general or partial

mobilisation no later than three days after their submission and take the appropriate decision.

The Council of the Republic may take decisions on other issues determined by the Constitution.

Article 99. The right of legislative initiative shal belong to the President, members of the House of Representatives, Council of the Republic, Government, as wel as to citizens who are eligible to vote, in a number of no less than 50,000, and is

implemented in the House of Representatives.

Draft laws the adoption of which may reduce state resources, or increase expenditures may be introduced in the House of

Representatives only with the consent of the President or to his assignment by the Government.

The President or to his assignment the Government shal have the right to forward proposals in the House of

Representatives and Council of the Republic on the urgency of consideration of a draft law. The House of Representatives

and Council of the Republic shal consider in the instance the latter in the course of ten days since its submission.

To the request of the President or to his consent the Government, the House of Representatives and Council of the Republic

shal take decisions at their sessions voting in general for the whole draft law or a part of it, which was forwarded by the President or Government preserving only those amendments which were forwarded or accepted by the President or

Government.

Article 100. Any bil , unless otherwise specified by the Constitution, shal be initial y considered in the House of

Representatives and then in the Council of the Republic.

A bil , unless otherwise specified in the Constitution, shal become a law after its approval by a majority of votes of the ful composition of the House of Representatives and the Council of the Republic.

Bil s adopted by the House of Representatives shal be sent to the Council of the Republic for consideration within five days, where they shal be considered within no more than twenty days unless otherwise specified in the Constitution.

A bil shal be deemed to have been approved by the Council of the Republic provided that a majority of votes of the ful

composition of the Council of the Republic has been cast for it, or if within twenty days, and in instances of urgency within ten days since its submission, the Council of the Republic failed to consider it. If the bil is rejected by the Council of the Republic, both chambers may form a conciliation commission on a parity basis to overcome the existing differences. The

text of the bil drafted by the conciliatory commission shal be submitted for approval to both chambers.

If the conciliatory commission fails to draft a compromise bil , the President or on his assignment the Government may

request that the House of Representatives take a final decision. The bil shal be deemed to have been adopted by the

House of Representatives if no less than two-thirds of its ful composition has voted for it.

A bil adopted by the House of Representatives and approved by the Council of the Republic, or in the instance determined

by the present article adopted by the House of Representatives shal be submitted to the President for signature within ten

days. If the President is in agreement with the bil , he shal sign it. If the President does not return the bil within two weeks since its submission, it shal be deemed to have been signed by the President. The bil shal not be deemed to have been

signed and shal be invalid if it failed to be returned to Parliament due to the end of the session.

If the President does not agree with the text of the bil , he shal return it together with his objections to the House of

Representatives, which shal consider it with the President's objections within thirty days. If the bil has been adopted by the House of Representatives by no less than two-thirds of its ful composition, it together with the President's objections and within five days shal be submitted to the Council of the Republic, which shal consider it for a second hearing within twenty days. The bil shal be deemed to have been approved if no less than two-thirds of the ful composition of the Council of the Republic has voted for it. The bil , after the House of Representatives and the Council of the Republic have overrun the

President's objections, shal be signed by the President within five days. The bil shal become a law even if it is not signed by the President within the assigned time.

The President's objections to the provisions of the bil , which are returned for a second hearing, shal be considered to the same order. In this instance, prior to the appropriate decision of the House of Representatives and the Council of the

Republic the bil shal be signed by the President and become a law without the provisions which have been rejected by the

President.

Article 101. To the proposal of the President, the House of Representatives and the Council of the Republic may adopt a law supported by a majority of the ful composition of both chambers, delegating to him legislative powers to issue decrees

which have the power of a law. The latter shal determine the subject of the issue and the term of the powers of the

President to issue such decrees.

There shal be no delegation of powers to the President to issue decrees which provide alterations and addenda to the

Constitution and its interpretation; alteration and addendum of policy laws; the approval of the national budget and an

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account of its implementation alterations with regard to the election of the President and Parliament, limitation of

constitutional rights and liberties of the citizens. The law on delegating legislative powers to the President shal not permit him alteration of the said law, nor shal it permit to adopt regulations which are retroactive.

In instances of necessity the President may personal y initiate or to the proposal of the Government may issue temporary

decrees which have the power of law. If such decrees are issued on the initiative of the Government, they shal be signed by the Prime minister. Temporary decrees shal be submitted for further approval within three days of their adoption to the

House of Representatives, and then to the Council of the Republic. These decrees shal be valid if they are not rejected by a majority of no fewer than two-thirds of votes of the ful composition of both chambers. The chambers may regulate through

legislation issues which have emerged due to decrees, which have been abolished.

Article 102. The deputies of the House of Representatives and members of the Council of the Republic shal enjoy immunity in the expression of their views and execution of their powers. This shal not refer to charges of slander and insult.

During the period they exercise their powers the deputies and the members of Council of the Republic may be arrested or

deprived of personal liberty in other manner only with the prior consent of the appropriate chamber with the exception of

instances of high treason, or some other grave crime, as wel as detention at the site where the crime was committed.

A criminal case involving a deputy of the House of Representatives or a member of the Council of the Republic shal be tried by the Supreme Court.

Article 103. Sittings of the chambers shal be open. The chambers in the instance of state interests, may take the decision to hold a closed session by majority of the ful composition of the corresponding chamber. The President, his

representatives, the Prime minister and members of the Government shal address the sessions out of turn as many times

as they deem it necessary.

One sitting monthly shal be reserved for question time to the Government for the deputies of the Houses of Representatives

and members of the Council of the Republic.

A deputy of the House of Representatives, or member of the Council of the Republic shal have the right to make an inquiry

to the Prime minister or members of the Government and the heads of state bodies which are formed or elected by

Parliament. The inquiry shal be included in the agenda of the chamber. The answer to the inquiry shal be given within

twenty days of the current session to the order determined by the chamber of the Parliament.

The sitting of the chamber shal be deemed qualified if no less than two-thirds of the number of elected deputies of the

Houses of Representatives or members of the Council of the Republic are present.

Voting in the House of Representatives and Council of the Republic shal be open and exercised by the deputy of the House

or member of the Council of the Republic in person by a 'yes' vote or a 'nay' vote. A secret vote shal be held only in the

instance of addressing personnel issues.

Article 104. Decisions of the House of Representatives shal be taken by laws or enactments. Enactments of the House of Representatives shal be taken with regard to issues of order and supervision.

The decisions of the Council of the Republic shal be taken in the form of enactments.

The decisions of the chambers shal be deemed to have been adopted by a majority of the ful composition of the chambers

unless otherwise specified in the Constitution.

Laws with regard to basic guideliness of domestic and foreign policy of the Republic of Belarus and military doctrine thereof shal be considered of policy character and shal be deemed to have been adopted provided that a two-thirds majority of

elected deputies of both chambers has voted for them.

The laws shal be published immediately after their signature and shal become valid ten days after their publication unless the law determines another term. The decrees of the President shal come into force to the same order therein.

The law shal have no retrospective action unless it extenuates or revokes the responsibility of citizens.

Article 105. The procedure governing the activities of the House of Representatives, Council of the Republic, the bodies thereof and the deputies and members of the Council of the Republic shal be determined by the Rules of Procedure of the

chambers, which shal be signed by the Chairpersons of the chambers.

Chapter 5. The Government - The Council of Ministers of the Republic of Belarus

Article 106. Executive power in the Republic of Belarus shal be exercised by the Government - the Council of Ministers of the Republic of Belarus - the central body of state administration.

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The Government in its activity shal be accountable to the President of the Republic of Belarus and responsible to the

Parliament of the Republic of Belarus.

The Government shal relinquish powers to the President-elect of the Republic of Belarus.

The Government of the Republic of Belarus shal consist of the Prime minister, his deputies and ministers. The heads of

other central bodies of state administration may be members of the Government.

The Prime minister shal be appointed by the President of the Republic of Belarus with the consent of the House of

Representatives. The decision to this order shal be taken by the House of Representatives within two weeks since the

nomination of the candidacy of the Prime minister. If the House of Representatives rejects the submitted nomination of the

Prime minister twice, the President shal appoint the acting Prime minister on his own, and dissolve the House of

Representatives and cal new elections.

The Prime minister shal manage the activities of the Government. The Prime minister shal :

1) manage directly the activities of the Government and hold personal responsibility for its activities;

2) sign the acts of the Government;

3) submit to Parliament a report on the Programme of the Government within two months after his appointment,

and in the instance of its rejection submit the second report on the Programme of the Government within two

months;

4) inform the President on the basic guidelines of the activities of the Government, and on al the most important

decisions;

5) exercise other functions connected with the organization and activities of the Government.

The Government or any member therein shal be entitled to tender the resignation to the President, if he deems it impossible to discharge the duties entrusted to him. The Government shal tender its resignation to the President if the House of

Representatives has passed a vote of no confidence to the Government.

The Prime minister may request from the House of Representatives a vote of confidence with regard to the governmental

Programme or any other issue submitted to the House. If a non-confidence vote is passed by the House of Representatives,

the President shal be entitled to accept the resignation of the Government, or dissolve the House of Representatives within ten days, and cal on holding new elections. If the resignation of the Government is rejected the latter shal continue to

discharge its duties.

The President shal be entitled to take the decision on the resignation of the Government on his own initiative, and dismiss any member of the Government.

In the instance of the resignation of the Government of the Republic of Belarus or termination of its powers, the latter on the assignment of the President shal continue to hold office until a new Government shal have been formed.

Article 107. The Government of the Republic of Belarus shal :

- administer the system of subordinate bodies of state administration and other executive organs;

- elaborate the basic guidelines of the domestic and foreign policy, and take measures to its implementation;

- elaborate and submit to the President for further parliamentary consideration the draft national budget and an

account of its implementation;

- ensure the execution of a uniform economic, financial, credit and monetary policy, and state policy in the field of

science, culture, education, health care, ecology, social security and remuneration for labour;

- take measures to secure the rights and liberties of citizens, safeguard the interests of the state, national security

and defence, protection of property, maintain public order and eliminate crime;

- act on behalf of property owner with regard to assets which are the sole property of the Republic of Belarus, and

exercise management of state property;

- ensure the implementation of the Constitution, the laws, decrees, edicts and instructions of the President;

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- repeal acts of ministries and other central bodies of state administration; exercise other powers entrusted to him

by the Constitution, laws and acts of the President.

Article 108. The Government of the Republic of Belarus shal issue acts, that have binding force in the entire territory of the Republic of Belarus. The Prime minister shal issue orders which are under his jurisdiction. The competence of the

Government and the procedure governing its activities shal be determined on the basis of the Constitution and the Law on

the Council of Ministers of the Republic of Belarus.

Chapter 6. The Courts

Article 109. The courts shal exercise judicial power in the Republic of Belarus. The judicial system shal be based upon the principles of territorial delineation and specialization.

The judicial system in the Republic of Belarus shal be determined by the law. The formation of special courts shal be

prohibited.

Article 110. In administering justice judges shal be independent and subordinate to law alone.

Any interference in judges' activities in the administration of justice shal be impermissible and liable to legal action.

Article 111. Judges may not engage in business activities or perform any paid work, apart from teaching and scientific research.

The grounds for electing (appointing) judges and their dismissal shal be determined by the law.

Article 112. The courts shal administer justice on the basis of the Constitution, the laws and other enforceable enactments adopted in accordance therewith.

If, during the hearing of a specific case, a court concludes that an enforceable enactment is contrary to the Constitution, it shal make a ruling in accordance with the Constitution and raise, under the established procedure, the issue of whether the enforceable enactment in question should be deemed unconstitutional.

Article 113. Cases before a court shal be tried col egial y, and in the instances specified in law, by judges individual y.

Article 114. The trial of cases in al courts shal be open. The hearing of cases in closed court session shal be permitted only in the instances specified in law and in accordance with al the rules of legal procedure.

Article 115. Justice shal be administered on the basis of the adversarial proceedings and equality of the parties involved in the trial. The rulings of courts are mandatory for al citizens and officials.

The parties and the persons have the right to appeal rulings, sentences and other judicial decisions.

Article 116. Supervision of the constitutionality of enforceable enactments of the state shal be exercised by the

Constitutional Court of the Republic of Belarus.

The Constitutional Court of the Republic of Belarus shal be formed of 12 judges from among highly qualified specialists in

the field of law, who as a rule have a scientific degree.

Six Judges of the Constitutional Court shal be appointed by the President of the Republic of Belarus and six elected by the Council of the Republic. The Chairperson of the Constitutional Court shal be appointed by the President with the consent of the Council of the Republic. The term of the members of the Constitutional Court shal be 11 years, and the permissible age

limit shal be 70 years.

The Constitutional Court on the recommendations of the President of the Republic of Belarus, the House of

Representatives, the Council of the Republic, the Supreme Court of the Republic of Belarus, the Supreme Economic Court

of the Republic of Belarus, the Cabinet of Ministers of the Republic of Belarus shal produce a ruling on:

- the conformity of laws, decrees and edicts of the President, international agreements and other obligations of the

Republic of Belarus to the Constitution and other instruments of international law ratified by the Republic of

Belarus;

- the conformity of instruments of interstate formations of which the Republic of Belarus is part, edicts of the

President of the Republic of Belarus which are issued to the execution of the law, the Constitution, the laws,

decrees and instruments of international law ratified by the Republic of Belarus;

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- the conformity of the decisions of the Council of Ministers and orders of the Supreme Court, the Supreme

Economic Court, Procurator-General to the Constitution, laws and instruments of international law ratified by the

Republic of Belarus, laws, decrees and edicts;

- the conformity of enactments of any other state body to the Constitution, laws and decrees as wel as to the laws

and instruments of international law ratified by the Republic of Belarus.

Enforceable enactments or their particular provisions which are considered unconstitutional shal be deemed invalid to the

order determined by the law.

In instances specified by the Constitution, the Constitutional Court with regard to the proposal of the President shal give its conclusion on the presence of instances of systematic or flagrant violation of the Constitution of the Republic of Belarus by the chambers of Parliament.

The competence, organization and procedure governing the activities of the Constitutional Court shal be determined by the

law.

Section 5. Local Government and Self-Government

Article 117. Citizens shal exercise local government and self-government through local councils of deputies, executive and administrative bodies, bodies of public territorial self-government, local referenda, assemblies and other forms of direct

participation in state and public affairs.

Article 118. Local councils of deputies shal be elected by the citizens of the relevant administrative-territorial units for a four-year term.

Article 119. The heads of local executive and administrative bodies shal be appointed and dismissed by the President of the Republic of Belarus or to the order determined by the latter, and their appointment shal be subject to the approval of the local councils of deputies.

Article 120. Local councils of deputies and executive and administrative bodies shal , within the limits of their competence, resolve issues of local significance, proceeding from national interests and the interests of the people who reside in the

relevant territory, and implement the decisions of higher state bodies.

Article 121. The fol owing shal fal exclusively within the exclusive competence of the local councils of deputies:

- the approval of programmes of economic and social development, and local budgets and accounts;

- the setting of local taxes and dues in accordance with the law;

- the determination, within the limits specified by law, of the procedure governing the management and disposal of

municipal property;

- the cal ing of local referenda.

Article 122. Local councils of deputies and executive and administrative bodies shal , on the basis of existing laws, adopt decisions that have binding force in the relevant territory.

Decisions of local councils of deputies that are contrary to the law shal be reversed by higher representative bodies.

Decisions of local executive and administrative authorities that are contrary to the law shal be reversed by the relevant

councils of deputies, superior executive and administrative bodies and the President of the Republic of Belarus.

Decisions of local councils of deputies and their executive and administrative bodies that restrict or violate civil rights and liberties and the legitimate interests of citizens, and in other instances specified in law, may be chal enged in a court of law.

Article 123. Where a local council of deputies systematical y or flagrantly violates the requirements of the law, it may be dissolved by the Council of the Republic. Other grounds for the premature termination of the powers of local councils of

deputies shal be determined by the law.

Article 124. The competence and the procedure governing the establishment and activities of bodies of local government and self-government shal be determined by the law.

Section 6. The Procurator's office. The state supervisory committee

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Chapter 7. Procurator`s Office

Article 125. The Procurator-General of the Republic of Belarus and subordinate public prosecutors shal be entrusted to supervise the strict and unified implementation of the laws, decrees, regulations and other enforceable enactments by

ministers and other bodies subordinate to the Council of Ministers, as wel as by local representative and executive bodies, enterprises, organizations, establishments, public associations, officials and citizens.

The Procurator's office shal exercise supervision over the implementation of the laws determining the execution of the

verdicts of the courts in civil, criminal and administrative cases in instances determined by the law, as wel as shal carry out preliminary investigation and support state charges in the courts.

Article 126. The Procurator-General shal head the unified and centralized system of bodies of the Procurator's office, and shal be appointed by the President with the consent of the Council of the Republic.

The subordinate public prosecutors shal be appointed by the Procurator-General.

Article 127. The Procurator-General and subordinate public procurators shal be independent in the exercise of their powers and guided by the legislation. The Procurator-General shal be accountable to the President.

Article 128. The competence, organization and procedure governing the activities of bodies of the Procurator's office shal be determined by the law.

Chapter 8. The State Supervisory Committee

Article 129. The Supervisory Authority shal monitor the implementation of the national budget, the use of public property and the implementation of the acts of the President, Parliament, Government and other state bodies governing public

property relationships and economic, financial and tax relations.

Article 130. The State Supervisory Committee shal be formed by the President. The Chairperson of the State Supervisory Committee shal be appointed by the President.

Article 131. The competence, organization and procedure governing the activities of the State Supervisory Committee shal be determined by the law.

Section 7. Financial and credit system of the Republic of Belarus

Article 132. The financial and credit system of the Republic of Belarus shal include the budget system, the banking system, as wel as the financial resources of non-budget funds, funds of enterprises, establishments, organizations and citizens.

A unified fiscal, tax, credit and currency policy shal be pursued in the territory of the Republic of Belarus.

Article 133. The budget system of the Republic of Belarus shal include the national budget and local budgets.

Budget revenue shal be raised from the taxes specified in law, other mandatory payments, as wel as other receipts.

National expenditure shal be covered by the national budget on its expenditure side.

In accordance with the law, non-budgetary funds may be created in the Republic of Belarus.

Article 134. The procedure for drawing up, approving and implementing budgets and public non-budgetary funds shal be determined by the law.

Article 135. A national account shal be submitted to the Parliament for consideration no later than five months fr om the end of the fiscal year in review.

Local accounts shal be submitted to the relevant councils of deputies for the consideration within time specified in law.

National and local accounts shal be published.

Article 136. The banking system of the Republic of Belarus shal consist of the National Bank of the Republic of Belarus and other banks. The National Bank shal regulate credit relations and monetary circulation, determine the procedure for making

payments and have an exclusive right to issue money.

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Section 8. The application of the Constitution of the Republic of Belarus and the procedure for amending the

constitution

Article 137. The Constitution shal have the supreme legal force. Laws, decrees, edicts and other instruments of state bodies shal be promulgated on the basis of, and in accordance with the Constitution of the Republic of Belarus.

Where there is a discrepancy between a law, decree or edict and the Constitution, the Constitution shal apply.

Where there is a discrepancy between a decree or edict and a law, the law shal apply when the powers for the promulgation

of the decree or edict were provided by the law.

Article 138. The issue of amending and supplementing the Constitution shal be considered by the chambers of the

Parliament on the initiative of the President or of no fewer than 150,000 citizens of the Republic of Belarus who are eligible to vote.

Article 139. A law on amending and supplementing the Constitution may be adopted after it has been debated and

approved twice by both chambers of the Parliament with at least a three months' interval.

The Constitution shal not be amended or supplemented by the Parliament during a state of emergency or the last six

months of the term of the House of Representatives.

Article 140. The Constitution, laws on amendments and addenda thereto, on the entry into force of the said laws and

instruments on the interpretation of the Constitution shal be deemed to have been adopted where no less than two-thirds of

the elected deputies of both chambers of the Parliament have voted in favour of them.

The Constitution may be amended or supplemented via a referendum. A decision to amend or supplement the Constitution

by means of a referendum shal be deemed adopted where a majority of citizens on the electoral rol have voted in favour of

it.

Sections 1, 2, 4, 8 of the Constitution may be reconsidered only by means of a referendum.

Section 9. Final and transitional clauses

Article 141. The 1994 Constitution of the Republic of Belarus together with the alterations and addenda, adopted at the national referendum (the present Constitution) shal enter into force on the day on which it is promulgated, apart from the

specific provisions thereof, that are to enter into force under the procedure and at the times specified in the present

Constitution. Simultaneously the Law of the Republic of Belarus "On the Procedure Governing the Entry into Force of the Constitution of the Republic of Belarus" shal cease to apply.

Article 142. The laws, decrees and other acts which were applied in the territory of the Republic of Belarus prior to the entry into force of the present Constitution shal apply in the particular parts thereof that are not contrary to the Constitution of the Republic of Belarus.

Article 143. Within a month of the entry into force of the Constitution of the Republic of Belarus the Supreme Council of the Republic of Belarus and the President of the Republic of Belarus shal form the House of Representatives from among the

deputies of the Supreme Council who were elected by the appointed date of the referendum held in 1996. The deputies of

the Supreme Council of the Republic of Belarus shal retain their powers within the term stipulated by the present

Constitution. The term of their powers shal be assessed from the day on which the present Constitution enters into force.

The Council of the Republic shal be formed to the order specified in Article 91 of the present Constitution.

If within the assigned time the House of Representatives is not formed due to controversies between the President and the

Supreme Council, the former shal in accord with clauses 2 and 3 of Article 84 of the present Constitution dissolve the

Supreme Council and cal on new elections to Parliament.

Article 144. The President of the Republic of Belarus shal retain his powers. The term of his powers shal be assessed from the day on which the present Constitution enters into force.

Article 145. The Government of the Republic of Belarus shal exercise its duties and powers from the day on which the present Constitution enters into force.

Article 146. The President, Parliament and the Government within two months since the present Constitution enters into force shal form assigned bodies of power to the order as determined by the present Constitution, unless otherwise specified by part 3 of Article 143 of the Constitution.

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President of the Republic of Belarus

A.Lukashenko

27 November 1996

Minsk

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