Law of the Republic of Belarus on the Constitutional Proceedings

LAW OF THE REPUBLIC OF BELARUS

 January 8, 2014 No. 124-L

 ON THE CONSTITUTIONAL PROCEEDINGS

 (published on National Legal Internet Portal of the Republic of Belarus, 16.01.2014, 2/2122)

 Adopted by House of Representatives on December 16, 2013 Approved by the Council of the Republic on December 19, 2013

 

 

CHAPTER 1. BASIC PROVISIONS

Article 1. Basic terms and their definitions used in the present Law

Article 2. Legislation on the constitutional proceedings

Article 3. Scope of the Law

 

CHAPTER 2. PRINCIPLES OF THE CONSTITUTIONAL PROCEEDINGS

Article 4. Legality

Article 5. Independence of Judges of the Constitutional Court

Article 6. Collegiality

Article 7. Publicity

Article 8. Adversarial character of the proceedings

Article 9. Equality of the parties

Article 10. Comprehensive, full and objective examination of the case materials

Article 11. Use of oral and written forms of the constitutional proceedings

Article 12. Language of the constitutional proceedings

Article 13. Presumption of constitutionality of acts

 

 

CHAPTER 3. QUORUM OF THE CONSTITUTIONAL COURT IN A COURT SESSION

Article 14. Quorum of the Constitutional Court in a court session

Article 15. Permanence of the composition of the Constitutional Court

Article 16. Self-recusation of a Judge of the Constitutional Court and the procedure of its approval

 

CHAPTER 4. PARTICIPANTS OF THE CONSTITUTIONAL PROCEEDINGS, THEIR RIGHTS AND DUTIES

Article 17. Participants of the constitutional proceedings

Article 18. Parties and their representatives

Article 19. Rights and duties of the parties, their representatives

Article 20. Authorised representatives, their rights and duties

Article 21. Representatives of other state bodies and other organisations, their rights and duties

Article 22. The witness, his rights and duties

Article 23. The expert, his rights and duties

Article 24. The specialist, his rights and duties

Article 25. The interpreter, his rights and duties

 

CHAPTER 5. SUBMISSION OF PROPOSALS TO THE CONSTITUTIONAL COURT BY AUTHORISED BODIES. SUBMISSION OF INITIATIVE APPLICATIONS AND PROCEDURE OF THEIR CONSIDERATION BY AUTHORISED BODIES

Article 26. Submission of proposals to the Constitutional Court by authorised bodies

Article 27. Initiative applications

Article 28. Decision of authorised body in the issue of the consideration of an initiative application

Article 29. Submission of the proposal based on the initiative application to the Constitutional Court by an authorised body

 

CHAPTER 6. PRELIMINARY CONSIDERATION AND EXAMINATION OF THE PROPOSAL OF THE INITIATOR. INITIATION OF THE PROCEEDINGS. WITHDRAWAL OF THE PROPOSAL OF THE INITIATOR. CONSOLIDATION AND SEPARATION OF PROPOSALS OF INITIATORS

Article 30. Preliminary consideration of the proposal of the initiator by the Secretariat of the Constitutional Court

Article 31. Preliminary examination of the proposal of the initiator by the Judges of the Constitutional Court

Article 32. Initiation of legal proceedings

Article 33. Refusal to initiate proceedings

Article 34. Consequences of the refusal to initiate proceedings

Article 35. Withdrawal of the proposal of the initiator

Article 36. Consolidation and separation of the proposals of the initiator

 

CHAPTER 7. PREPARATION OF THE CASE FOR CONSIDERATION IN THE COURT SESSION

Article 37. Powers of Chairperson of the Constitutional Court on preparation of the case for consideration in the court session

Article 38. Powers of the Reporting Judge on preparation of the case for consideration in the court session

Article 39. Requests of the Constitutional Court in connection with the preparation of the case for consideration in the court session

Article 40. Procedure of scheduling the examination

Article 41. Expert opinion

Article 42. Termination of the preparation of the case for consideration in the court session and fixing of the court session for consideration of the case

Article 43. Notification on consideration of the case in the court session

 

CHAPTER 8. THE BASIC PROVISIONS, CONCERNING COURT SESSION HOLDING

§ 1. General rules of court session holding

Article 44. The seat of court session holding

Article 45. The procedure of court session holding

Article 46. The Presiding Judge in the court session

Article 47. Powers of the Presiding Judge in the court session

Article 48. Powers of the Judge of the Constitutional Court at consideration of a case in the court session

Article 49. Powers of the Secretary of the court session

Article 50. Continuity of the court session

Article 51. Ethics in a hall of the court session

Article 52. Liability for violation of the rules in the court session

§ 2. General conditions of the consideration of cases

Article 53. Scope of the consideration of a case

Article 54. Scope of review of the constitutionality of an act

Article 55. Adjournment of the consideration of a case

Article 56. Discontinuance of the proceedings

 

CHAPTER 9. PROCEDURE OF CONSIDERATION OF THE CASE IN THE COURT SESSION

§ 1. Preparatory part of the proceedings

Article 57. Opening of the court session

Article 58. Check of appearance of participants of the court session, identification of their identity and powers

Article 59. Consequences of absence of participants of the court session

Article 60. Settlement of the issues concerning the absence of participants of the court session

Article 61. Explanation of their rights and duties to the parties, their representatives, other participants of the court session

Article 62. Settlement of the issues on the possibility of the presence of witnesses in the courtroom

Article 63. Requests by participants of the court session and the procedure of their settlement

Article 64. Request for additional documents, other materials by the Constitutional Court. Summons of the witnesses, experts, specialists

§ 2. Consideration of the case on the merits

Article 65. . Definition of the procedure of the investigation of case materials

Article 66. Report of the Reporting Judge

Article 67. Explanations of the parties, their representatives

Article 68. Investigation of the case materials

Article 69. Hearing of the authorised representatives

Article 70. Hearing of the representatives of other state bodies and other organisations

Article 71. Concluding speeches of the parties, their representatives

Article 72. Renewal of the investigation of the case materials

Article 73. Announcement of the end of the consideration of the case

 

CHAPTER 10. JUDGMENTS, DECISIONS AND OTHER DOCUMENTS OF THE CONSTITUTIONAL COURT

Article 74. Judgments, decisions of the Constitutional Court

Article 75. Procedure of making the judgment, the decision of the Constitutional Court

Article 76. Dissenting opinion of the Judge of the Constitutional Court

Article 77. Content of the judgment, the decision of the Constitutional Court

Article 78. Pronouncement of the judgment, the decision of the Constitutional Court

Article 79. Sending of the judgment, the decision of the Constitutional Court to state bodies, other organisations, officials

Article 80. Entry of the judgment, the decision of the Constitutional Court into force

Article 81. Official interpretation of the judgment, the decision of the Constitutional Court

Article 82. Procedure of correction of inaccuracies, slips, clerical errors and other errors of editorial and technical nature in the judgment, the decision of the Constitutional Court

Article 83. Revision of the judgment, the decision of the Constitutional Court

Article 84. Publication of the judgment, the decision of the Constitutional Court

Article 85. Legal force of the judgment, the decision of the Constitutional Court

Article 86. Time of execution of the judgments, the decisions of the Constitutional Court by state bodies, other organisations, officials

Article 87. Control over the implementation of the judgments, decisions of the Constitutional Court

Article 88. Responsibility for the non-execution or preventing execution of the judgments, decisions of the Constitutional Court

Article 89. Other documents of the Constitutional Court

 

CHAPTER 11. MINUTES OF TRIAL

Article 90. Minutes of judicial proceedings

Article 91. Acquaintance with the minutes of judicial proceedings. Objections on the minutes of judicial proceedings

Article 92. Minutes of the deliberation of the Judges of the Constitutional Court

 

CHAPTER 12. PROCEDURAL DEADLINES

Article 93. Term of consideration of cases

Article 94. Calculation of procedural deadlines

Article 95. Termination of procedural deadlines

 

CHAPTER 13. COURT EXPENSES

Article 96. Court expenses

Article 97. Amounts reimbursable to witnesses, experts, specialists and interpreters

 

CHAPTER 14. PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF THE LAW ADOPTED BY THE PARLIAMENT OF THE REPUBLIC OF BELARUS IN THE EXERCISE OF OBLIGATORY PRELIMINARY REVIEW

Article 98. Grounds for review of the constitutionality of the law adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review

Article 99. Pre-trial preparation

Article 100. Initiation of the proceedings

Article 101. Features of the proceedings

Article 102. Features of the proceedings on review of the constitutionality of the law on making alterations and (or) addenda to the Constitution of the Republic of Belarus, adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review

Article 103. Trial

Article 104. Scope of review

Article 105. Decision on the case

Article 106. Possibility to review the constitutionality of the law in the exercise of subsequent review

 

CHAPTER 15. PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF THE INTERNATIONAL TREATY OF THE REPUBLIC OF BELARUS WHICH HAS NOT YET ENTERED INTO FORCE IN THE EXERCISE OF PRELIMINARY REVIEW

Article 107. Submission of the proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force

Article 108. General requirements for the content of the proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force

Article 109. Documents and other materials attached to the proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force

Article 110. Scope of review

Article 111. Features of the proceedings

Article 112. Decision on the case

Article 113. Possibility to review the constitutionality of the international treaty of the Republic of Belarus in the exercise of subsequent review

 

 

CHAPTER 16. PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF THE NORMATIVE LEGAL ACT IN THE EXERCISE OF SUBSEQUENT REVIEW

Article 114. Submission of the proposal on review of the constitutionality of the normative legal act

Article 115. General requirements for the content of the proposal on review of the constitutionality of the normative legal act

Article 116. Documents and other materials attached to the proposal on review of the constitutionality of the normative legal act

Article 117. Scope of review

Article 118. Judgment on the case

 

CHAPTER 17. PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF THE OBLIGATION UNDER TREATY AND OTHER INTERNATIONAL COMMITMENT OF THE REPUBLIC OF BELARUS IN THE EXERCISE OF SUBSEQUENT REVIEW

Article 119. Submission of the proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus

Article 120. General requirements for the content of the proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus

Article 121. Documents and other materials attached to the proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus

Article 122. Scope of review

Article 123. Features of the proceedings

Article 124. Judgment on the case

 

CHAPTER 18. PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF THE ACT OF AN INTERSTATE FORMATION IN THE EXERCISE OF SUBSEQUENT REVIEW

Article 125. Submission of the proposal on review of the constitutionality of the act of an interstate formation

Article 126. General requirements for the content of the proposal on review of the constitutionality of the act of an interstate formation

Article 127. Documents and other materials attached to the proposal on review of the constitutionality of the act of an interstate formation

Article 128. Refusal to initiate proceedings

Article 129. Scope of review

Article 130. Features of the proceedings

Article 131. Judgment on the case

 

 

CHAPTER 19. PROCEEDINGS ON EXISTENCE OF FACTS OF SYSTEMATIC OR GROSS VIOLATIONS OF THE CONSTITUTION OF THE REPUBLIC OF BELARUS BY THE HOUSES OF THE NATIONAL ASSEMBLY OF THE REPUBLIC OF BELARUS

Article 132. Submission of the proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus

Article 133. General requirements for the content of the proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus

Article 134. Documents and other materials attached to the proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus

Article 135. Scope of the consideration of the case

Article 136. Features of the proceedings

Article 137. Judgment on the case

 

CHAPTER 20. PROCEEDINGS ON EXISTENCE OF FACTS OF SYSTEMATIC OR FLAGRANT VIOLATION OF REQUIREMENTS OF THE LEGISLATION BY THE LOCAL COUNCIL OF DEPUTIES

Article 138. Submission of the proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies

Article 139. General requirements for the content of the proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies

Article 140. Documents and other materials attached to the proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies

Article 141. Scope of the consideration of the case

Article 142. Features of the proceedings

Article 143. Decision on the case

 

CHAPTER 21. PROCEEDINGS ON OFFICIAL INTERPRETATION OF THE DECREE OR EDICT OF THE PRESIDENT OF THE REPUBLIC OF BELARUS CONCERNING CONSTITUTIONAL RIGHTS, FREEDOMS AND DUTIES OF INDIVIDUALS

Article 144. Submission of the proposal on official interpretation of the decree or edict of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals

Article 145. Features of the proceedings

Article 146. Decision on the case

 

CHAPTER 22. PROCEEDINGS ON STATING THE POSITION OF THE CONSTITUTIONAL COURT ON CONFORMITY OF THE DOCUMENT ADOPTED (ISSUED) BY FOREIGN STATES, INTERNATIONAL ORGANISATIONS AND (OR) THEIR BODIES AND AFFECTING THE INTERESTS OF THE REPUBLIC OF BELARUS TO GENERALLY RECOGNISED PRINCIPLES AND RULES OF INTERNATIONAL LAW

Article 147. Submission of the proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law

Article 148. General requirements for the content of the proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law

Article 149. Documents and other materials attached to the proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law

Article 150. Features of the preparation of the case for the consideration

Article 151. Features of the proceedings

Article 152. Decision on the case

 

CHAPTER 23. PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF GUIDELINES FOR LAW-MAKING AND LAW-ENFORCEMENT PRACTICE OF STATE BODIES INCLUDING JUDICIAL AND LAW-ENFORCEMENT BODIES DEFINED BY THE HEAD OF THE STATE

Article 153. Submission of the proposal on review of the constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies defined by the Head of the State

Article 154. Scope of the consideration of the case

Article 155. Features of the preparation of the case for the consideration

Article 156. Features of the proceedings

Article 157. Decision on the case

 

CHAPTER 24. PROCEEDINGS ON ELIMINATION OF LEGAL GAPS, COLLISIONS AND LEGAL UNCERTAINTY IN NORMATIVE LEGAL ACTS

Article 158. Grounds for initiation of the proceedings

Article 159. Features of the proceedings

Article 160. Decision on the case

 

CHAPTER 25. PROCEEDINGS ON ADOPTION OF THE ANNUAL MESSAGE TO THE PRESIDENT OF THE REPUBLIC OF BELARUS AND THE HOUSES OF THE NATIONAL ASSEMBLY OF THE REPUBLIC OF BELARUS ON CONSTITUTIONAL LEGALITY IN THE REPUBLIC OF BELARUS

Article 161. Preparation of the annual message to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus by the Constitutional Court

Article 162. of the annual message to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus

Article 163. Adoption of the annual message to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus

 

Article 164. Recognition of some legislative acts and certain provisions of laws as invalid

Article 165. Measures for implementation of the provisions of the present Law

Article 166. Entry of the present Law into force

 

 

CHAPTER 1

BASIC PROVISIONS

 

Article 1. Basic terms and their definitions used in the present Law

 

For the purposes of this Law the following terms and their definitions are used:

 

act – a normative legal act; a law adopted by the House of Representatives of the National Assembly and approved by the Council of the Republic of the National Assembly of the Republic of Belarus or adopted by the House of Representatives of the National Assembly of the Republic of Belarus in accordance with Article 100.5 of the Constitution of the Republic of Belarus (except laws prepared in connection with conclusion, execution, suspension and termination of international treaties of the Republic of Belarus) – before its signing by the President of the Republic of Belarus (hereinafter unless otherwise specified – a law adopted by the Parliament of the Republic of Belarus); international treaty or other obligation of the Republic of Belarus; an act of an interstate formation to which the Republic of Belarus is a party (hereinafter – an act of an interstate formation); an international treaty of the Republic of Belarus which has not yet entered into force;

 

initiative application – application of state bodies, which are not authorised bodies, other bodies and individuals, including individual entrepreneurs, to authorised bodies with the initiative of making a proposal to the Constitutional Court of the Republic of Belarus (hereinafter unless otherwise specified – the Constitutional Court);

initiator – an authorised body who has made a proposal to the Constitutional Court to review the constitutionality of a normative legal act, an international treaty or other obligation of the Republic of Belarus, an act of an interstate formation; the President of the Republic of Belarus who has made a proposal to the Constitutional Court to review the constitutionality of an international treaty of the Republic of Belarus which has not yet entered into force; the President of the Republic of Belarus who has made a proposal to the Constitutional Court to give its conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus; the Presidium of the Council of the Republic of the National Assembly of the Republic of Belarus which has made a proposal to the Constitutional Court to take decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local council of deputies; the President of the Republic of Belarus who has made a proposal to the Constitutional Court on official interpretation of the decree or edict of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals; the President of the Republic of Belarus who has made a proposal to the Constitutional Court on the review of constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies defined by the Head of the State; the President of the Republic of Belarus , the House of Representatives of the National Assembly of the Republic of Belarus, the Council of the Republic of the National Assembly of the Republic of Belarus, the Council of Ministers of the Republic of Belarus who have made proposals to the Constitutional Court to state its position on conformity of the documents adopted (issued) by foreign states , international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law;

 

constitutional proceedings – procedure of consideration of cases by the Constitutional Court, making judgments and decisions upon them as well as performance of procedural actions by judges of the Constitutional Court and participants of constitutional proceedings aiming at the realisation of their procedural rights and execution of their procedural obligations defined by this Law and other legislative acts;

 

international treaty obligation of the Republic of Belarus – interstate or intergovernmental treaty which has entered into force for the Republic of Belarus;

international treaty of the Republic of Belarus which has not entered into force – an interstate or intergovernmental treaty which has not entered into force for the Republic of Belarus and consent for it to be bound for the Republic of Belarus is expressed in the shape of a law or decree of the President of the Republic of Belarus as well as an interstate or intergovernmental treaty which is to be concluded by the Republic of Belarus and consent for it to be bound for the Republic of Belarus shall be expressed in the shape of a law or decree of the President of the Republic of Belarus;

subsequent review – exercise by the Constitutional Court of review of the constitutionality of laws mentioned in Article 116.4 of the Constitution of the Republic of Belarus;

 

preliminary review – exercise by the Constitutional Court of obligatory review of the constitutionality of laws adopted by the Parliament of the Republic of Belarus as well as review of constitutionality of international treaties of the Republic of Belarus which have not yet entered into force;

 

parties – the initiator; state body or official which adopted (issued) a normative legal act, the constitutionality of which is to be reviewed; state body whose competence covers issues contained in international treaty or other obligation of the Republic of Belarus, act of an interstate formation, international treaty of the Republic of Belarus which has not yet entered into force and the constitutionality of which is to be reviewed; the Houses of the National Assembly of the Republic of Belarus in case the President of the Republic of Belarus has made a proposal to the Constitutional Court to give its conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus; the local council of deputies in case the Presidium of the Council of the Republic of the National Assembly of the Republic of Belarus has made a proposal to the Constitutional Court to take decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local council of deputies; a court, law-enforcement or another state body in case the President of the Republic of Belarus has made a proposal to the Constitutional Court on the review of constitutionality of guidelines for law-making and law-enforcement practice of this court or body;

 

reporting judge – a Judge of the Constitutional Court appointed by Chairman of the Constitutional Court to prepare the case for a court session;

 

authorised body – the President of the Republic of Belarus, the House of Representatives of the National Assembly of the Republic of Belarus, the Council of the Republic of the National Assembly of the Republic of Belarus (its Presidium), the Supreme Court of the Republic of Belarus, the Council of Ministers of the Republic of Belarus empowered by Article 116 of the Constitution of the Republic of Belarus, the Code of the Republic of Belarus on Judicial System and Status of Judges, this Law and other legislative acts to make appropriate proposals to the Constitutional Court that shall be considered within the jurisdiction of the Constitutional Court;

participant of a court session – an individual who takes part in the Constitutional Court session when considering the case in accordance with the established procedure.

 

Article 2. Legislation on the constitutional proceedings

 

Legislation on the constitutional proceedings consists of the Constitution of the Republic of Belarus, the Code of the Republic of Belarus on Judicial System and Status of Judges, this Law and other legislative acts.

 

Article 3. Scope of the Law

 

This Law determines the procedure of the constitutional proceedings in cases which fall within the competence of the Constitutional Court according to the Constitution of the Republic of Belarus, the Code of the Republic of Belarus on Judicial System and Status of Judges, other legislative acts, including cases on:

exercise of obligatory preliminary review of the constitutionality of laws adopted by the Parliament of the Republic of Belarus;

exercise of preliminary review of the constitutionality of international treaties of the Republic of Belarus which have not entered into force;

exercise of subsequent review of the constitutionality of normative legal acts;

exercise of subsequent review of the constitutionality of obligations under treaties and other international commitments of the Republic of Belarus;

exercise of subsequent review of the constitutionality of acts of interstate formations;

existence of facts of systematic or gross violation of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus;

existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies;

official interpretation of the decrees or edicts of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals;

position of the Constitutional Court on conformity of the documents adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law;

review of constitutionality of guidelines for law-making and law-enforcement practice of courts, law-enforcement and other state bodies defined by the Head of the State;

elimination of legal gaps, collisions and legal uncertainty in normative legal acts;

adoption of annual messages to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus.

 

CHAPTER 2

PRINCIPLES OF THE CONSTITUTIONAL PROCEEDINGS

 

Article 4. Legality

 

The Constitutional Court shall carry out the constitutional proceedings on the basis of the Constitution of the Republic of Belarus, the Code of the Republic of Belarus on Judicial System and Status of Judges, this Law and other legislative acts.

 

Article 5. Independence of Judges of the Constitutional Court

 

Judges of the Constitutional Court when exercising their powers are independent and subject only to the law.

Interference in their activities on the exercise of their powers is not permitted and involves responsibility in accordance with legislative acts.

Judges of the Constitutional Court make decisions under conditions excluding any outside influence on the freedom to form their inner conviction and expression.

 

Article 6. Collegiality

 

Cases shall be considered by the Constitutional Court collectively.

 

Article 7. Publicity

 

Constitutional Court shall consider cases in open court session.

The cases shall be considered in a closed court session in order to protect the information constituting state secrets or other secrets protected by law contained in the case materials.

Consideration of a case in a closed court session shall be held in accordance with the procedure of the constitutional proceedings as defined by this Law and other legislative acts and with the participation of the parties, their representatives or their authorised representatives. The possible presence of other persons, including employees of the Secretariat of the Constitutional Court ensuring the holding of a court session, during a closed court session shall be determined by Chairman of the Constitutional Court with the concurrence with the other Judges of the Constitutional Court.

The Constitutional Court makes a procedural ruling on consideration of a case in a closed court session.

 

Article 8. Adversarial character of the proceedings

 

Consideration of cases in the Constitutional Court is based on adversarial character of the proceedings.

Parties shall present evidence, make requests, express opinions, including those concerning arguments of the other party at their discretion, unless otherwise provided by this Law.

 

Article 9. Equality of the parties

 

The consideration of cases in the Constitutional Court is based on the equality of the parties.

The parties have equal rights to representation and examination of evidence, making requests, expressing opinions on any issue relevant to the case.

 

Article 10. Comprehensive, full and objective examination of the case materials

 

The Constitutional Court shall not limit itself to submitted documents, other materials and explanations and shall take measures which are necessary for the comprehensive, full and objective examination of the case materials.

The Constitutional Court provides to the parties, their representatives, other participants of the court session necessary conditions for the implementation of the procedural rights granted to them and exercise of procedural obligations.

 

Article 11. Use of oral and written forms of the constitutional proceedings

 

The cases in the court session are considered with the use of oral form of constitutional proceedings, except conditions provided by this Law, when the Constitutional Court considers cases using the written form of the constitutional proceedings.

Consideration of a case with the use of oral form of the constitutional proceedings is carried out by means of direct hearing of explanations of the parties and their representatives, testimonies of witnesses, expert opinions, explanations of specialists, other participants of the court session, announcement of written documents and other case materials.

Consideration of a case with the use of written form of the constitutional proceedings is carried out on the basis of written documents and other materials submitted to the Constitutional Court and (or) requested by it while preparing the case for the consideration in a court session, as a rule, without summoning the parties, their representatives, witnesses, experts, specialists and other persons in the court session.

When considering the case with the use of written form of the constitutional proceedings it is permitted to use elements of the oral form of the constitutional proceedings (participation of authorised representatives, and by the decision of the Constitutional Court – representatives of other state bodies and other organisations).

 

Article 12. Language of the constitutional proceedings

 

The constitutional proceedings shall be held in Belarusian and (or) Russian.

Judgments and decisions of the Constitutional Court shall be officially published in Belarusian and (or) Russian.

Participants of the court session who do not have sufficient command of the language of the constitutional proceedings shall be provided for the right to familiarise with all case materials, to participate in the proceedings through an interpreter, the right to speak in court including giving explanations, make requests in a language they know. In these cases the participants of the court session shall be entitled to use services of an interpreter for free.

 

Article 13. Presumption of constitutionality of acts

 

An act shall be considered as constitutional, unless otherwise is recognised by the judgment or the decision of the Constitutional Court.

 

 

CHAPTER 3

QUORUM OF THE CONSTITUTIONAL COURT IN A COURT SESSION

 

Article 14. Quorum of the Constitutional Court in a court session

 

The Constitutional Court is entitled to considerate cases in a court session in the presence of at least eight Judges of the Constitutional Court (quorum of Judges of the Constitutional Court).

 

Article 15. Permanence of the composition of the Constitutional Court

 

The case is considered by the Constitutional Court, as a rule, by the same panel of judges.

Other Judges of the Constitutional Court may take part in the further consideration of the case after the start of the proceedings in a court session by the Constitutional Court decision. The procedural ruling of the Constitutional Court on the participation of these Judges in the further consideration of the case is taken by a majority vote of the present Judges of the Constitutional Court.

 

Article 16. Self-recusation of a Judge of the Constitutional Court and the procedure of its approval

 

A Judge of the Constitutional Court can not participate in the consideration of a case and shall recuse himself as a Judge in case:

the judge according to his official position had participated in the preparation of the act which is the subject of the review of constitutionality;

the judge has blood or family relations with the representatives of the parties;

the judge is personally, directly or indirectly, interested in the outcome of the case or there are other circumstances that cause doubts about his objectivity and impartiality.

The statement of a Judge of the Constitutional Court on self-recusation shall be approved by the Constitutional Court in the deliberation room.

The procedural ruling of the Constitutional Court on approval or rejection of the self-recusation of a Judge of the Constitutional Court shall be taken by a majority vote of the present Judges of the Constitutional Court. The Judge of the Constitutional Court recusing himself as a Judge shall not take part in the voting.

The Constitutional Court shall make a procedural ruling on rejection of the self-recusation of a Judge of the Constitutional Court if his reasons to justify the self-recusation may not affect the objectivity of his legal position in the case.

A Judge of the Constitutional Court whose self-recusation was rejected by the Constitutional Court shall be obliged to participate in the consideration of a case.

 

CHAPTER 4

PARTICIPANTS OF THE CONSTITUTIONAL PROCEEDINGS, THEIR RIGHTS AND DUTIES

 

Article 17. Participants of the constitutional proceedings

 

Participants of the constitutional proceedings shall be:

parties, their representatives;

authorised representatives;

representatives of other state bodies and other organisations;

witnesses;

experts;

specialists;

interpreters.

 

Article 18. Parties and their representatives

 

A party to a case shall be entitled to have one or more representatives to represent its interests in the Constitutional Court.

As a representative of a party in the Constitutional Court according to the official position may be:

Head of the Administration of the President of the Republic of Belarus, if a party to a case is the President of the Republic of Belarus;

head of state body ‒ the initiator;

head of a state body that has adopted a normative legal act, the constitutionality of which is subject to be reviewed;

head of state body which competence covers issues contained in an obligation under treaty or other international commitment, the act of an interstate formation, the international treaty of the Republic of Belarus which has not entered into force, the constitutionality of which is subject to be reviewed;

Chairman of the Council of the Republic of the National Assembly of the Republic of Belarus, Chairman of the House of Representatives of the National Assembly of the Republic of Belarus, if the Constitutional Court exercises the verification of existence of facts of systematic or gross violation of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus;

chairman of the local Council of Deputies , if the Constitutional Court exercises the verification of existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies;

chairman of the court, head of a law enforcement body or other state body, if the Constitutional Court exercises the review of constitutionality of guidelines for law-making and law-enforcement practice of this court or body defined by the Head of the State.

The representative of a party according to the official position shall represent the interests of the party in the Constitutional Court without procuration. Other individuals, including officials of state bodies, that are not mentioned in Article 18.2 may represent the interests of a party in the Constitutional Court on the basis of procuration issued on behalf of the party or any other document confirming the right to represent its interests within the powers granted to them by this procuration or other document.

In case there are several representatives of a party with the same powers in the court session, the Constitutional Court shall be entitled to propose to the party to determine among them an individual who will express the final position of the party in his conclusive speech.

After the start of the consideration of a case in a court session a party may assign a new representative (s) in order to represent its interests or intervene itself by dispensing its representative (s) from the previously assigned duties.

 

Article 19. Rights and duties of the parties, their representatives

 

Parties, their representatives shall be entitled to:

declare in written form the possibility of consideration of the case in their absence;

become acquainted with all materials of the case;

submit comments on the proposals of the other party in written form;

submit nomination of experts in case of conducting an examination;

submit requests on summons to appear as witnesses, experts, specialists before the Constitutional Court;

submit requests to postpone the consideration of a case;

submit requests to reopen the case;

submit requests on disclosure of existing or additional case materials;

give explanations in the language they speak and use the services of an interpreter;

put questions to the other party, its representative, witnesses, experts, specialists with permission of the Presiding Judge;

state their position on the case;

state their definitive position on the case in their final speech;

submit requests to entry information about facts and circumstances material to the case, according to their opinion, in the minutes of the court session;

submit requests on other issues, including interpretation of a judgment or a decision adopted by the Constitutional Court.

In case of consideration in a court session of several proposals on review of the constitutionality of an act, consolidated in one case, a party, its representative shall be entitled to state their position, submit requests and written comments on the proposals of the other party only in part related to the subject of its proposals.

The party-initiator, its representative shall be entitled to change the ground for the consideration of the proposal submitted before the Constitutional Court, the content of the proposal, to increase or decrease its volume, to modify the position on the case in accordance with the course of its consideration in the court session as well as to withdraw its proposal.

The parties, their representatives are obliged to:

appear when summoned by the Constitutional Court;

be respectful to each other, to other participants of the court session during the hearing;

give explanations and answer questions from the presiding judge, other judges of the Constitutional Court and other participants of the court session;

obey orders of the presiding judge on respect of the order during the court session.

 

Article 20. Authorised representatives, their rights and duties

 

Authorised representatives may be appointed for the permanent representation of interests in the Constitutional Court of the President of the Republic of Belarus, the House of Representatives of the National Assembly of the Republic of Belarus, the Council of the Republic of the National Assembly of the Republic of Belarus, the Council of Ministers of the Republic of Belarus.

Authorised representatives shall be entitled to:

become acquainted with all materials of the case;

put questions to the parties, their representatives, witnesses, experts, specialists with permission of the presiding judge;

state the position of state bodies or officials they represent, if these bodies or officials are not a party to the case, as well as state the judgment on opinions, conclusions and proposals made by the participants of the court session;

submit requests on interpretation of a judgment or a decision adopted by the Constitutional Court.

Authorised representatives shall be obliged to answer the questions of the Presiding Judge, other Judges of the Constitutional Court concerning clarification of their stated position on the case.

 

Article 21. Representatives of other state bodies and other organisations, their rights and duties

 

Representatives of other state bodies and other organisations, involved by the Constitutional Court to participate in the court session shall be entitled to:

become acquainted with all materials of the case;

put questions to the parties, their representatives, witnesses, experts, specialists with permission of the presiding judge, if they concern the activities of state bodies and other organisations they represent.

Representatives of other state bodies and other organisations shall be obliged to:

appear when summoned by the Constitutional Court;

answer the questions of the Presiding Judge, other Judges of the Constitutional Court and other participants of the court session, if they concern the activities of state bodies and other organisations they represent.

 

Article 22. The witness, his rights and duties

 

A person having the necessary information or materials on the circumstances relevant to the settlement of a case in the Constitutional Court may be a witness.

The witness shall be entitled to:

testify in the language he speaks and use the services of an interpreter;

use written notes, documents and other materials which on his request may be attached to the case when giving his testimony;

receive reimbursement of expenses related to his appearance before the Constitutional Court.

The witness shall be obliged to:

appear when summoned by the Constitutional Court;

give truthful and complete testimony on information and materials of the case he knows;

submit materials he possesses to the Constitutional Court;

answer the questions from the presiding judge, other judges of the Constitutional Court and other participants of the court session.

Before giving his testimony in the court session the witness shall give an obligation as follows:

“I, (surname, first name, patronymic), promise as a witness to give truthful and complete testimony on information and materials of the case I know to the Constitutional Court of the Republic of Belarus”.

The obligation shall be signed by the witness and shall be passed to the registrar for entering upon the minutes of the court session.

The witness shall be liable in accordance with legislative acts for giving deliberately false evidence.

 

Article 23. The expert, his rights and duties

 

A person not interested in the outcome of the case and having special knowledge on issues that are to be settled by the Constitutional Court in judicial proceedings and involved by the Constitutional Court in order to give an expert opinion may be an expert.

The expert shall be entitled to:

become acquainted with materials of the case concerning the subject of examination, and write out necessary information;

submit requests on submission of additional materials that are necessary for giving an expert opinion;

put questions to other participants of the court session with permission of the presiding judge on issues that are necessary for giving an expert opinion;

testify in the language he speaks and use the services of an interpreter;

receive reimbursement of his expenses and remuneration for his work which is not his duty.

The expert shall be obliged to:

give an objective and grounded expert opinion on the issues formulated by the Constitutional Court;

appear when summoned by the Constitutional Court;

explain the content of the expert opinion prepared by him;

truthfully and completely answer the questions of the Presiding Judge, other Judges of the Constitutional Court and other participants of the court session.

The expert shall refuse to give an expert opinion if there are valid reasons that impede the execution of his duties or in case of shortage of submitted materials for giving such an expert opinion, or in case he does not have the required special knowledge on the issues formulated by the Constitutional Court.

Before his appearance in the court session the expert shall give an obligation as follows:

“I, (surname, first name, patronymic), promise as an expert to give an objective and grounded expert opinion to the Constitutional Court of the Republic of Belarus, truthfully and completely answer the questions according to my knowledge, qualification and submitted materials of the case”.

The obligation shall be signed by the expert and shall be passed to the registrar for entering upon the minutes of the court session.

The expert shall be liable in accordance with legislative acts for giving a deliberately false expert opinion.

 

Article 24. The specialist, his rights and duties

 

A person not interested in the outcome of the case and having special knowledge on issues that are to be settled by the Constitutional Court in judicial proceedings and involved by the Constitutional Court in order to participate and contribute to their settlement may be a specialist.

The specialist shall be entitled to:

know the purpose of his appearance in the Constitutional Court;

become acquainted with materials of the case concerning issues under consideration;

put questions to other participants of the court session with permission of the presiding judge on issues that are necessary for giving his opinion, get other necessary information;

receive reimbursement of his expenses and remuneration for his work which is not his duty.

The specialist shall be obliged to:

appear when summoned by the Constitutional Court;

give explanations about the actions performed by him;

truthfully and completely answer the questions from the presiding judge, other judges of the Constitutional Court and other participants of the court session.

Before his appearance in the court session the specialist shall give an obligation as follows:

“I, (surname, first name, patronymic), promise before the Constitutional Court of the Republic of Belarus as a specialist to answer truthfully and completely the questions according to my professional knowledge, qualification and submitted materials of the case.”

The obligation shall be signed by the specialist and shall be passed to the registrar for entering upon the minutes of the court session.

 

Article 25. The interpreter, his rights and duties

 

A person not interested in the outcome of the case and having command of languages, knowledge of which is necessary for interpretation, and taking part in the court session in case a participant of the court session does not have or has an insufficient knowledge of the language of the constitutional proceedings, as well as for translation of written documents may be an interpreter.

The interpreter shall be entitled to:

refuse to participate in the court session in case he does not have knowledge which is necessary for interpretation (translation);

ask questions to other participants of the court session with permission of the Presiding Judge in order to clarify the meaning of translated words and expressions;

receive reimbursement of his expenses and remuneration for his work which is not his duty.

The interpreter shall be obliged to:

appear when summoned by the Constitutional Court;

accurately and completely make interpretation (translation).

Before performing interpretation (translation) the interpreter shall give an obligation as follows:

“I, (surname, first name, patronymic), promise before the Constitutional Court of the Republic of Belarus as an interpreter to perform accurately and completely entrusted interpretation (translation)”.

The obligation shall be signed by the interpreter and shall be passed to the registrar for entering upon the minutes of the court session.

The interpreter shall be liable in accordance with legislative acts for making a deliberately incorrect interpretation.

 

 

CHAPTER 5

SUBMISSION OF PROPOSALS TO THE CONSTITUTIONAL COURT BY AUTHORISED BODIES. SUBMISSION OF INITIATIVE APPLICATIONS AND PROCEDURE OF THEIR CONSIDERATION BY AUTHORISED BODIES

 

Article 26. Submission of proposals to the Constitutional Court by authorised bodies

 

Submission of proposals to the Constitutional Court shall be made by authorised bodies in accordance with the requirements established by the present Law.

 

Article 27. Initiative applications

 

State bodies that are not authorised bodies, other organisations and individuals, including individual entrepreneurs shall be entitled to submit an initiative application to authorised bodies for submission of an appropriate proposal to the Constitutional Court the consideration of which is within the competence of the Constitutional Court.

Issues for the trial in the Constitutional Court, as well as grounds for conclusions and proposals shall be specified in initiative applications.

Initiative applications shall be considered by authorised bodies according to the procedure established by legislative acts that enshrine the legal status of the appropriate authorised bodies, and normative legal acts adopted in accordance with them regulating the activities of these bodies taking into account requirements of the legislation on applications of individuals and legal entities.

 

Article 28. Decision of authorised body in the issue of the consideration of an initiative application

 

In the issue of the consideration of an initiative application the authorised body shall make a decision on submission of an appropriate proposal to the Constitutional Court or on refusal of its submission.

State bodies, other organisations or individuals, including individual entrepreneurs submitting the initiative application shall be informed about this decision.

 

Article 29. Submission of the proposal based on the initiative application to the Constitutional Court by an authorised body

 

A proposal based on the initiative application shall be submitted to the Constitutional Court by the authorised body within ten days from the date of adoption of the decision on submission of the appropriate proposal to the Constitutional Court.

A proposal based on the initiative application shall conform to the requirements established by the present Law.

It shall be noted in the proposal based on the initiative application that it is submitted on the basis of the initiative application.

The copy of the initiative application shall be attached to the proposal based on the initiative application.

 

CHAPTER 6

PRELIMINARY CONSIDERATION AND EXAMINATION OF THE PROPOSAL OF THE INITIATOR. INITIATION OF THE PROCEEDINGS. WITHDRAWAL OF THE PROPOSAL OF THE INITIATOR. CONSOLIDATION AND SEPARATION OF PROPOSALS OF INITIATORS

 

Article 30. Preliminary consideration of the proposal of the initiator by the Secretariat of the Constitutional Court

 

The proposal of the initiator submitted to the Constitutional Court shall be subject to obligatory registration and consideration by the Secretariat of the Constitutional Court for a subsequent report to the Chairperson of the Constitutional Court.

 

Article 31. Preliminary examination of the proposal of the initiator by the Judges of the Constitutional Court

 

Preliminary examination of the proposal of the initiator by the Judges of the Constitutional Court shall be an obligatory stage of constitutional proceedings before initiation of the proceedings.

The Chairperson of the Constitutional Court shall charge one or several Judges of the Constitutional Court with a preliminary examination of the proposal of the initiator.

In the issue of the preliminary examination of the proposal of the initiator a Judge or Judges of the Constitutional Court shall deliver his (their) opinion on existence of grounds for initiating proceedings and shall prepare a draft procedural ruling on initiation of the proceedings or refusal to initiate proceedings.

 

Article 32. Initiation of legal proceedings

 

If the present Law does not specify otherwise, in case of absence of grounds for refusal to initiate proceedings established in the present Law, the Constitutional Court in the court session shall make a procedural ruling on initiation of the proceedings.

The procedural ruling of the Constitutional Court on initiation of the proceedings shall be taken not later than one month from the date of submission of the appropriate proposal to the Constitutional Court.

The copies of the procedural ruling of the Constitutional Court on initiation of the proceedings shall be sent to the parties, as well as to the President of the Republic of Belarus, the Prime Minister of the Republic of Belarus, Chairman of the Council of the Republic of the National Assembly of the Republic of Belarus, Chairman of the House of Representatives of the National Assembly of the Republic of Belarus, Chairman of the Supreme Court of the Republic of Belarus within five days from the date of its adoption.

 

Article 33. Refusal to initiate proceedings

 

The Constitutional Court shall refuse to initiate proceedings, if:

the case is not within the jurisdiction of the Constitutional Court;

the proposal is submitted not by the initiator;

the Constitutional Court has already held the trial on the issues raised in the proposal and in the subsequent period of time provisions of the Constitution of the Republic of Belarus or other normative legal acts, on the basis of which was made the judgment or the decision of the Constitutional Court, were not amended .

Article 128 of the present Law may also be a ground for the refusal to initiate proceedings on review of the constitutionality of an act of interstate formation.

If the proposal submitted to the Constitutional Court is not within its jurisdiction, further consideration of this proposal is made in accordance with the legislation on applications of individuals and legal entities.

 

Article 34. Consequences of the refusal to initiate proceedings

 

In case of existence of grounds specified in Article 33 of the present Law the Constitutional Court in the court session shall make the procedural ruling on the refusal to initiate proceedings.

The copy of the procedural ruling of the Constitutional Court shall be sent to the initiator or another entity that has made the proposal within five days from the date of its adoption.

 

Article 35. Withdrawal of the proposal of the initiator

 

The proposal of the initiator submitted to the Constitutional Court may be withdrawn before the termination of examination of the case materials in the court session only by the initiator of this proposal.

 

Article 36. Consolidation and separation of the proposals of the initiator

 

The proposal of the initiator submitted to the Constitutional Court shall be generally considered as an independent case.

For purposes of full, detailed and objective consideration of cases the Constitutional Court may consolidate and (or) separate proposals on:

review of the constitutionality of a normative legal act, obligation under treaty or other international commitment of the Republic of Belarus, act of an interstate formation;

position of the Constitutional Court on conformity of the document adopted (issued) by a foreign state, international organisation and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law.

The Constitutional Court may consolidate two or more proposals mentioned in Article 36.2 in one case if:

proposals on review of the constitutionality of the same normative legal act, obligation under treaty or other international commitment of the Republic of Belarus, act of interstate formation or on position of the Constitutional Court on conformity of the same document adopted (issued) by a foreign state, international organisation and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law were submitted to the Constitutional Court by different authorised bodies;

proposals raise issues on review of the constitutionality of several normative legal acts of having different legal force, but regulating similar public relations in a specific field of activity.

The Constitutional Court may separate the proposal for consideration in several cases if:

the proposal raises issues on review of the constitutionality of several normative legal acts, obligations under treaty and other international commitments of the Republic of Belarus, acts of interstate formation regulating public relations in different fields of activity;

the proposal raises issue on review of the conformity of several provisions of the same normative legal act to different normative legal acts having higher legal force.

The Constitutional Court shall take the appropriate procedural ruling on consolidation or separation of the proposals on review of the constitutionality of the act.

 

CHAPTER 7

PREPARATION OF THE CASE FOR CONSIDERATION IN THE COURT SESSION

 

Article 37. Powers of the Chairperson of the Constitutional Court on preparation of the case for consideration in the court session

 

The Chairperson of the Constitutional Court shall exercise general management of preparation of the case for consideration in the court session.

After the procedural ruling of the Constitutional Court on institution of the legal proceedings the Chairperson of the Constitutional Court shall appoint a Reporting Judge and set a deadline for the preparation of the case for consideration in the court session, as a rule, no more than two months from the date of institution of the legal proceedings, unless other terms are established by the present Law.

In view of particular complexity or large volume of the case the Chairperson of the Constitutional Court may appoint several Reporting Judges or within the time limits set out by Article 93 of the present Law extend the term of preparation of the case for consideration in the court session mentioned in Article 37.2, but not more than for one month.

 

Article 38. Powers of the Reporting Judge on preparation of the case for consideration in the court session

 

According to the powers of the Constitutional Court when preparing the case for consideration in the court session the Reporting Judge shall:

prepare proposals on making requests of the Constitutional Court to state bodies and other organisations, officials, as well as on other preparatory actions necessary for the consideration of the case;

if necessary, personally exercise the examination of the case materials on-site as well as consult specialists;

draw up a reference and prepare other materials on the case;

settle other issues related to the case.

 

Article 39. Requests of the Constitutional Court in connection with the preparation of the case for consideration in the court session

 

The Constitutional Court may submit requests to state bodies and other organisations, officials in view of the preparation of the case for consideration in the court session, as well as to ensure the settlement of other issues within the competence of the Constitutional Court.

The request of the Constitutional Court shall contain:

state body, other organisation, official the request is submitted to;

legal grounds for submitting the request including reference to appropriate provisions of the present Law;

essence of the request submitted to the state body, other organisation, official;

brief explanation of the necessity for the state body, other organisation, official to exercise appropriate actions or to abstain from such actions;

term of execution of the request.

Requests of the Constitutional Court on submitting necessary documents for the consideration of the case, other materials, investigation of materials of the case and (or) examinations, on establishing certain circumstances, engagement of specialists, providing clarification, consulting, giving opinions on pending cases, as well as other requests shall be mandatory for all state bodies and other organisations, officials they are submitted to, and shall be subject to consideration within one month from the date of their receipt, unless other term is set out by the Constitutional Court.

Expenses related to the execution of requests of the Constitutional Court by state bodies, other organisations, officials shall be reimbursed in accordance with the procedure established by the Council of Ministers of the Republic of Belarus.

Refusal or evasion of state bodies, other organisations, officials of the consideration of requests of the Constitutional Court, violation of terms of their consideration, non-fulfilment or improper execution, as well as the wilful misrepresentation of the Constitutional Court shall be liable in accordance with the legislative acts.

 

Article 40. Procedure of scheduling the examination

 

In case of necessity of the examination the Constitutional Court shall submit a request on expert examination to the state body, other organisation or person having special knowledge. In addition to the information provided by Article 39.2 of the present Law the request shall also contain the subject of examination, issues put to the expert and the deadline for submission of the expert opinion.

The request of the Constitutional Court shall be accompanied with:

the copy of the proposal of the initiator;

materials grounding the proposal of the initiator;

other documents and other materials submitted by the parties or state bodies, other organisations, officials, if they are relevant to the subject of the expert examination.

 

Article 41. Expert opinion

 

The expert opinion shall be submitted to the Constitutional Court in written form.

If the examination was made by a state body, other organisation, the expert opinion shall be signed by the head of the state body, other organisation. The expert having a dissenting opinion shall submit a dissenting expert opinion to the Constitutional Court.

If the examination was made only by one expert, the expert opinion shall be signed by the expert. The signature of the expert shall be certified according to the established procedure.

Conclusions contained in the expert opinion do not have binding force for the Constitutional Court, shall be subject to evaluation by the Constitutional Court along with other documents and other materials related to the case.

 

Article 42. Termination of the preparation of the case for consideration in the court session and fixing of the court session for consideration of the case

 

Preparation of the case for consideration in the court session shall be completed within the period set out in accordance with Articles 37.2 and 37.3 of the present Law by drawing up of the reference by the Reporting Judge. Chairperson of the Constitutional Court shall be given a report on this reference.

In the issue of consideration of the reference and other materials on the case submitted by the Reporting Judge Chairperson of the Constitutional Court shall make a decision on holding a court session for making the procedural ruling of the Constitutional Court on fixing of the court session for consideration of the case and, if necessary, on consideration of the application of a Judge of the Constitutional Court on self-recusation in accordance with Article 16 of the present Law or on extension of the term for the preparation of the case for consideration in the court session, unless otherwise provided for by the present Law.

The procedural ruling of the Constitutional Court on fixing of the court session for consideration of the case shall be made by a majority vote of the Judges of the Constitutional Court taking part in the court session.

 

Article 43. Notification on consideration of the case in the court session

 

Notification on consideration of the case in the court session with the indication of the date, time and place of its holding shall be sent no later than ten days before the start of the court session to the parties, other participants of the court session, the President of the Republic of Belarus, the Prime Minister of Republic of Belarus, Chairman of the Council of the Republic of the National Assembly of the Republic of Belarus, Chairman of the House of Representatives of the National Assembly of the Republic of Belarus, Chairman of the Supreme Court of the Republic of Belarus, as well as upon the decision of the Constitutional Court – to other state bodies, other organisations, officials, unless otherwise follows from the features of the case.

Depending on the features of the case and the form of the constitutional proceedings the parties shall be informed on the possibility of an additional acquaintance with opinions on their proposals, positions of concerned state bodies and other organisations, officials, expert opinion, as well as other materials of the case.

Judges of the Constitutional Court shall be informed on the date, time and place of the court session on the case no later than ten days before the start of the court session, unless otherwise follows from the features of the case. At the same time they shall be provided with all necessary materials for the consideration of the case.

 

CHAPTER 8

THE BASIC PROVISIONS CONCERNING COURT SESSION HOLDING

§ 1. General rules of court session holding

Article 44. The seat of court session holding

Court sessions shall be held at the Constitutional Court’s permanent seat.

The Constitutional Court may hold court session elsewhere if it deems it necessary.

Article 45. The procedure of court session holding

Court sessions of the Constitutional Court shall be held in solemn conditions with observance of the requirements established for their holding by the present Law.

Judges of the Constitutional Court shall sit in gowns.

When judges of the Constitutional Court enter in a hall of court session and exit from it all participants of court session shall rise.

Participants of court session shall address the Constitutional Court, give explanations, testimonies, lodge petitions and ask questions standing. Deviation from this rule shall be allowed only with the permission of the Presiding Judge in court session.

Participants of court session during consideration of a case in open court session shall have the right to fix a course of the court session from their seats in a hall of court session. Filming and photographing, sound- and videominutesing, direct radio- and teletranslation shall be allowed with the permission of the Constitutional Court. These actions should not disturb court session holding and may be limited in time by the Presiding Judge in court session.

 

Article 46. The Presiding Judge in the court session

 

Court session shall be presided by the Chairperson of the Constitutional Court or, in case of his absence or impossibility of execution of his duties, by the Vice-Chairperson of the Constitutional Court.

In case of absence of the Chairperson and the Vice-Chairperson of the Constitutional Court or impossibility of execution of their duties the powers of the Presiding Judge in court session shall be carried out by the judge of the Constitutional Court who is senior by age.

The Reporting Judge shall not be the Presiding Judge in court session.

 

Article 47. Powers of the Presiding Judge in the court session

 

The Presiding Judge in court session shall conduct a court session, take measures to ensure comprehensive, complete and objective consideration of a case, order observance in court session.

The Presiding Judge in court session shall be entitled, after a warning, to interrupt speech of any of the parties, their representatives and other participants of court session, to reject their questions if their speeches or questions do not concern a case or lie outside the competence of the Constitutional Court, to deny participants of court session of the right to speak if they willfully breach the order of speaking, use coarse or disrespectful statements or otherwise violate the rules of court session.

Instructions of the Presiding Judge in court session on order observance in court session shall be obligatory for all participants of court session and other persons who are present at a hall of court session.

The Presiding Judge in court session shall provide possibility to the reporting judge, other judges of the Constitutional Court participating in court session, freely and unimpeded to ask questions to the parties, their representatives and other participants of court session.

The Presiding Judge in court session within the powers provided by the present Law shall be obliged to keep a check on that the parties, their representatives and other participants of court session conscientiously use the procedural rights given to them and fulfill procedural duties, and as well strictly observe an order in court session.

The Presiding Judge in court session shall be entitled to take the measures stipulated by Article 52.2 of the present Law to the person who breaks the established order in court session or fails to comply with his or her instructions on order observance in court session.

 

Article 48. Powers of the Judge of the Constitutional Court at consideration of a case in the court session

 

The Judge of the Constitutional Court participating in court session shall be entitled:

to ask questions to the reporting judge, the parties, their representatives, other participants of court session;

to receive explanations from participants of court session on the substance of questions discussed in court session;

to make proposals, to lodge petitions;

to express the opinion on procedural issues.

The judge of the Constitutional Court shall not be entitled to be absent in court session without valid excuse.

The judge of the Constitutional Court cannot be debarred from participation in court session if his or her powers have not been suspended or terminated in the order determined by the law, except for a case of satisfaction of the application of the judge of the Constitutional Court about rejection according to Article 16 of the present Law.

The judge of the Constitutional Court shall be obliged to perform instructions of the Presiding Judge in court session, to observe secret of discussion and voting in making of the judgment, the decision of the Constitutional Court.

 

Article 49. Powers of the Secretary of the court session

 

The secretary of court session shall be appointed from among employees of the Secretary of the Constitutional Court in order determined by the Constitutional Court.

On the instructions of the Presiding Judge in court session the secretary of court session shall:

check the appearance of participants of court session, find out the reasons of their absence and report about it to the Constitutional Court;

carry out orders of the Presiding Judge in court session;

take minutes of court session and provide its timely drawing;

make other actions necessary for court session holding and consideration of a case in it.

 

Article 50. Continuity of the court session

 

Court session of the Constitutional Court on case shall be held continuously, except for the time which has been taken for rest or for preparation of court session’s participants for the further proceedings as well as for elimination of the circumstances interfering of court session holding.

The Constitutional Court before making of the judgment, the decision on case cannot consider another cases, except for instances when by results of consideration of case the pronouncement of the judgment, the decision of the Constitutional Court is postponed for certain term according to Article 78.1 of the present Law and also when the consideration of case is adjourned according to Article 55 of the present Law.

 

Article 51. Ethics in the hall of the court session

 

Participants of court session should treat with politeness and respect to each other and other persons who are present at a hall of court session.

Any reference of participants of court session to the Constitutional Court shall begin with words «High Court», to judges of the Constitutional Court – «Your Honour», to participants of court session – «Distinguished Mr/Mrs …» (with status indication – witness, expert, etc.).

 

Article 52. Liability for violation of the rules in the court session

 

Violation of rules in court session shall be considered as disrespect for the Constitutional Court and shall be liable according to the legislative acts.

The Presiding Judge in court session on behalf of the Constitutional Court shall make warning to the person violating the rules in court session. The person violating the rules in court session after the warning may be removed from a hall of court session under the instruction of the Presiding Judge.

In case of violation of the rules in the court session the Constitutional Court shall be entitled to adjourn consideration of case according to Article 55 of the present Law.

 

§ 2. General conditions of the consideration of cases

 

Article 53. Scope of the consideration of a case

 

While considering a case the Constitutional Court shall not be bound by arguments and reasons of the parties, except for the cases provided by Article 53.2.

The Constitutional Court while considering the cases shall not be entitled to fall outside the limits of proposals of the President of the Republic of Belarus to give its conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus, proposals of the Presidium of the Council of the Republic of the National Assembly of the Republic of Belarus to make the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local council of deputies, proposals of the President of the Republic of Belarus on official interpretation of the decree or edict of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals, on the review of constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies defined by the Head of the State.

 

Article 54. Scope of review of the constitutionality of an act

 

The Constitutional Court reviewing constitutionality of an act in a whole or in its certain part shall establish its conformity to the Constitution of the Republic of Belarus, the international legal acts ratified by the Republic of Belarus, other normative legal acts specified in Article 116.4 of the Constitution of the Republic of Belarus on:

the content of norms;

the form;

the differentiation of the competence between the state bodies, other state organisations, officials, and also between the Republic of Belarus and interstate formation;

the procedure of adoption (issue, signing or conclusion in other way) of the act, and also its official publication and entering into force (entry into effect).

The Constitutional Court may also give a conclusion concerning the acts based on the reviewed act or its certain provisions reproduced in them even if they were not mentioned in the proposal on review of constitutionality of this act.

Reviewing the constitutionality of an act in the exercise of subsequent review and exercising powers on the cases provided by Chapter 21 of the present Law the Constitutional Court shall take into consideration both literal meaning of legal rules and the meaning attributed to them by their practical application.

 

Article 55. Adjournment of the consideration of a case

 

The Constitutional Court shall be entitled to adjourn consideration of a case in the event of:

it considers that the case is prepared insufficiently;

non-submission or untimely submission of documents and other materials if they have essential value for the settlement of the case;

absence in court session of the party, its representative, the witness, the expert, the specialist, the translator which appearance has been recognised obligatory if their absence can affect the settlement of the case on the merits;

petition of a judge of the Constitutional Court or the party, its representative to adjourn consideration of the case in connection with necessity of additional investigation of materials of the case;

absence of quorum of judges of the Constitutional Court in court session;

presence of other circumstances interfering comprehensive, complete and objective consideration of the case, including in the event of violation of the rules of court session.

The Constitutional Court shall pass procedural ruling on adjournment of consideration of case by simple majority of votes of judges of the Constitutional Court participating in court session. At the same time the Constitutional Court shall appoint the date on which court session is transferred.

In the event of passing the procedural ruling on adjournment of consideration of case the Constitutional Court may hear witnesses, experts, specialists having been appeared, except for the event stipulated by Article 55.1.6.

Court session shall be resumed from the moment at which it has been adjourned if the Constitutional Court did not recognise it necessary otherwise. The repeated call of the witnesses, experts, specialists having been heard by the Constitutional Court shall be made only when it will be recognised necessary by the Constitutional Court.

 

Article 56. Discontinuance of the proceedings

 

The Constitutional Court shall discontinue the proceedings if:

the initiator’s proposal on the basis of which the case is considered was withdrawn in accordance with the established procedure;

the act, which constitutionality is reviewed, has been amended and (or) supplemented in a manner excluding the grounds for consideration of the case, or such an act was deemed as null and void (has ceased his effect), or the Republic of Belarus has stopped participation in such an act, except for the events when as a result of action of this act the constitutional rights and freedoms of individuals have been violated or when the new act with the same subject of the legal regulation was adopted (issued) excluding the grounds for consideration of the case;

during the court session have been revealed the grounds for refusal in taking proceedings stipulated by Article 33 of the present Law.

The Constitutional Court shall make the procedural ruling on discontinuance of the proceedings.

It shall be allowed to make the proposal to the Constitutional Court on case the proceedings of which have been stopped under condition of elimination of the circumstances specified in the procedural ruling of the Constitutional Court as the grounds for discontinuance of the proceedings.

 

CHAPTER 9

PROCEDURE OF CONSIDERATION OF CASE IN THE COURT SESSION

 

§ 1. Preparatory part of the proceedings

 

Article 57. Opening of the court session

 

The Presiding Judge in court session, having made sure of the quorum of judges of the Constitutional Court and maintenance of making the minutes, shall open court session and announce what case is due to be considered, composition of the Constitutional Court, inform who is the secretary of court session, who participates in consideration of case as the parties, their representatives, the witness, the expert, the specialist, the translator.

 

Article 58. Check of appearance of participants of the court session, identification of their identity and powers

 

Under the proposal of the Presiding Judge in court session the secretary of court session shall announce an appearance of participants of court session, including participation of authorised representatives, representatives of other state bodies, other organisations in it.

The secretary of court session shall announce about not appeared participants of court session, whether they have been noticed in proper time and what are the reasons of their absence.

The Presiding Judge in court session shall if necessary ascertain the identity of appeared participants of court session, powers of representatives of the parties acting on the basis of the power of attorney or other document confirming the right to represent interests of the corresponding party.

 

Article 59. Consequences of absence of the participants of the court session

 

Absence in court session of one of the parties, its representative properly informed about date, time and place of court session holding shall not interfere with consideration of case and making of the judgment, the decision of the Constitutional Court on it.

The consideration of case should be adjourned in the event of:

absence of one of the parties, its representative in court session who declared its intention to participate in consideration of corresponding case if they were not noticed or noticed not in due time on date, time and place of court session holding;

absence of both parties who declared the intention to participate in consideration of case when the reasons of their absence are unknown for the Constitutional Court.

In the event of absence of the party (both parties), its representative in court session the Constitutional Court shall make the procedural ruling on continuation of consideration of case or on adjournment of consideration of case.

In the event of absence of the party in court session (except for the events when the absence is caused by the reasons specified in Article 59.2.2) and the representative of the party has not presented the power of attorney or other document confirming the right to represent its interests the Constitutional Court shall decide the matter on consideration of case without the party and its representative and shall pass corresponding procedural ruling.

In the event of absence of the witness, the expert, the specialist, the translator noticed to appear in court session the Constitutional Court shall pass one of following procedural rulings on:

possibility of consideration of case on the merits without the witness, the expert, the specialist, the translator;

beginning of consideration of case on the merits and simultaneous adjournment of the decision of the matter on consequences of absence of the witness, the expert, the specialist, the translator before the end of investigation of materials of the case;

break announcement in court session and taking of measures on providing the appearance of the witness, the expert, the specialist, the translator;

adjournment of consideration of case if the comprehensive, complete and objective consideration of the case is impossible without the witness, the expert, the specialist, the translator.

Absence of the authorised representative informed in proper time about date, time and place of court session holding shall do not interfere with consideration of case without him (her) unless he (she) has declared his (her) intention to participate in consideration of the case. In that event the Constitutional Court shall make the procedural ruling on consideration of the case without this authorised representative or on adjournment of consideration of case.

Absence of representatives of other state bodies, other organisations in court session shall not interfere with consideration of case by the Constitutional Court.

 

Article 60. Settlement of the issues concerning the absence of participants of the court session

 

The Constitutional Court shall settle the issues concerning the absence of participants of the court session in place or under the proposal of one or several Judges of the Constitutional Court – in a consultative room.

 

Article 61. Explanation of their rights and duties to the parties, their representatives, other participants of the court session

 

The Presiding Judge in court session shall explain to the parties, their representatives, other participants of court session of their rights and the duties stipulated by Articles 19 – 25 of the present Law.

It shall be explained as well to witnesses, experts and translators the responsibility correspondingly for wittingly false testimonies, for wittingly false expert opinion, for wittingly wrong translation.

 

Article 62. Settlement of the issue on the possibility of the presence of witnesses in the courtroom

 

The witnesses appeared before the Court shall leave the courtroom after establishing their identity.

The Constitutional Court may allow witnesses to be present in the courtroom before to hear their testimony.

 

Article 63. Requests by participants of the court session and the procedure of their settlement

 

The Presiding Judge before the start of the consideration of the case on the merits shall ask the parties, their representatives, other participants of the court session, if they have any request relating to the case.

Requests made in written form shall be read out during the court session and shall be attached to materials of the case, oral requests shall be entered in the minutes of the court session.

The Constitutional Court shall hear opinions of the participants of the court session on made requests.

Requests made in written form shall be settled by the Constitutional Court, as a rule, in the consultative room.

 

Article 64. Request for additional documents, other materials by the Constitutional Court. Summons of the witnesses, experts, specialists

 

The Constitutional Court on its own initiative or upon the request of the participants of the court session may additionally request documents that are necessary for the consideration of the case, other materials, as well as to order additional investigation of the case materials and (or) examinations.

If necessary, the Constitutional Court may make a decision to call witnesses, experts and specialists to the court session.

 

§ 2. Consideration of the case on the merits

 

Article 65. Definition of the procedure of the investigation of case materials

 

The procedure of the investigation of case materials shall be defined by the Constitutional Court on-site.

The procedure of the investigation of case materials established by the Constitutional Court may be changed only by the Constitutional Court.

The proposals of Judges of the Constitutional Court made during the court session and dealing with the procedure of the investigation of case materials shall be considered by the Constitutional Court by deliberation without delay on-site.

 

Article 66. Report of the Reporting Judge

 

Consideration of the case on the merits shall start with the report of the Reporting Judge indicating the party-initiator, grounds of the consideration of its proposal in the Constitutional Court, summary of the questions and information on measures taken while the preparation of the case for consideration in the court session.

The Reporting Judge in his report shall be not entitled to analyse the arguments stated in the proposal of the initiator, positions of the parties, conclusions of the expert opinion, as well as to evaluate them.

The Reporting Judge may be asked by the Presiding Judge and other Judges of the Constitutional Court who are only entitled to ask questions.

 

Article 67. Explanations of the parties, their representatives

 

After the report of the Reporting Judge and his answers to questions the Constitutional Court shall proceed to clarify the positions of the parties and hear their explanations on the merits of the case.

The party-initiator or its representative shall speak first, then the Presiding Judge shall give the opportunity to speak to another party or its representative.

The Constitutional Court may accord the right to speak to several representatives of a party, if the subjects of their speeches are separated.

The party-initiator or its representative shall state the essence of the proposal submitted to the Constitutional Court, legal arguments and proofs in support of their position.

Another party or its representative shall state their objections on the proposal of the initiator, legal arguments and proofs in support of their objections.

The parties, their representatives shall be not entitled to use their speeches in the court session of the Constitutional Court to make political statements and declarations, shall not commit offensive and other incorrect statements, remarks towards another party, its representatives and other participants of the court session.

After the speeches of the parties, their representatives the Presiding Judge shall be entitled to ask questions first, and then the Reporting Judge and other Judges of the Constitutional Court shall be given the opportunity to ask questions.

The Judges of the Constitutional Court, the parties, their representatives may ask questions concerning the clarification or concretisation of the parties’ positions and arguments presented by them. At the same time leading questions and questions that have been already answered shall not be asked.

The parties, their representatives may be asked by other participants of the court session, including authorised representatives, representatives of other state bodies and other organisations.

Experts and specialists may ask questions to the parties, their representatives that are necessary for giving the expert opinion or stating the opinion.

 

Article 68. Investigation of the case materials

 

On the proposal of the Presiding Judge the Reporting Judge shall read out the case materials. Thereafter the parties, their representatives may give explanations in connection with listed documents and other materials.

Documents that have been previously submitted to the Judges of the Constitutional Court and the parties, their representatives or the content of which was stated during the trial may not be made public in the court session.

After investigation of the case materials the Presiding Judge shall explain to the parties, their representatives and other participants of the court session their right to make requests for submitting additional materials to the case.

The submitted requests shall be settled according to the procedure established by Articles 63.2-4 of the present Law.

In the absence of submitted requests the Presiding Judge shall declare investigation of the case materials closed.

 

Article 69. Hearing of the authorised representatives

 

On the proposal of the Presiding Judge the authorised representatives shall state the position of the state bodies or officials they represent, if these bodies or officials are not a party to the case, and shall be entitled to state their judgment on the opinions, conclusions and proposals made during the court session by its participants.

 

Article 70. Hearing of the representatives of other state bodies and other organisations

 

After investigation of the case materials the Constitutional Court shall proceed to hearing of the representatives of other state bodies and other organisations.

 

Article 71. Concluding speeches of the parties, their representatives

 

The parties, their representatives shall be entitled to give their concluding speeches which shall include the analysis of the case materials investigated in the court session, their legal assessment and shall be important for settlement of the case, and shall also contain conclusions and proposals of the party on the case. The party-initiator or its representative shall speak first.

The representative of a party ex officio shall be entitled to adjust the position of the party on the case depending on the progress of its consideration in the court session. The representative of a party exercising its powers under the power of attorney or other document confirming the right to represent its interests shall be entitled to adjust the position of the party on the case depending on the progress of its consideration in the court session, if he is empowered to do so by the power of attorney or other document.

In their concluding speeches the parties, their representatives shall be not entitled to refer to documents and other materials, facts and circumstances that have not been investigated by the Constitutional Court in the court session or that are irrelevant to the case.

The Constitutional Court may give time to the parties, their representatives to prepare for the final speeches at their request by declaring the break in the court session.

 

Article 72. Renewal of the investigation of the case materials

 

If after concluding speeches of the parties, their representatives, the Constitutional Court finds it necessary to additionally investigate the circumstances that are essential for settlement of the case, it shall make the procedural ruling on renewal of the investigation of the case materials. At the same time the Constitutional Court shall be entitled to delay the consideration of the case within the terms established by Article 93 of the present Law and to continue its consideration in accordance with the procedure established by Article 55 of the present Law.

The Constitutional Court shall be entitled also to resume investigation of the case materials, if after recess to the deliberation room it became necessary to clarify new circumstances of the case that are essential for the settlement of the case.

After the end of consideration of the case after its renewal the authorised representatives, representatives of other state bodies, other organisations shall be entitled to speak again, and the parties, their representatives – to make their concluding speeches, but only in connection with the circumstances of the case that have been additionally investigated after the renewal of the investigation of the case materials.

 

Article 73. Announcement of the end of the consideration of the case

 

After the end of the investigation of the case materials the Presiding Judge shall announce the end of the consideration of the case, as well as announce the date and time of the pronouncement of the judgment, decision of the Constitutional Court with regard for the requirements stipulated by Article 78.1 of the present Law.

 

 

CHAPTER 10

JUDGMENTS, DECISIONS AND OTHER DOCUMENTS OF THE CONSTITUTIONAL COURT

 

Article 74. Judgments, decisions of the Constitutional Court

 

The Constitutional Court shall make judgments established as a single document in the issue of the consideration of cases on review of the constitutionality of normative legal acts, obligations under treaties and other international commitments of the Republic of Belarus, acts of interstate formations in the exercise of subsequent review, as well as on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus.

The Constitutional Court shall make decisions established as a single document in the issue of the consideration of cases on review of the constitutionality of laws adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review, on review of the constitutionality of international treaties of the Republic of Belarus which have not yet entered into force in the exercise of preliminary review, on existence of facts of systematic or flagrant violation of requirements of the legislation by the local council of deputies, on official interpretation of decrees or edicts of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals, on position of the Constitutional Court on conformity of the documents adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law, on the review of constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies defined by the Head of the State, on elimination of legal gaps, collisions and legal uncertainty in normative legal acts, on adoption of annual messages to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus, as well as in other cases in accordance with legislative acts.

 

Article 75. Procedure of making the judgment, the decision of the Constitutional Court

 

The judgment, the decision of the Constitutional Court shall be made secretly in the consultative room.

Only the Judges of the Constitutional Court taking part in the consideration of the case in the court session shall participate in the deliberation.

During the deliberation the Judge of the Constitutional Court shall be entitled to freely state his position and propose to the other Judges of the Constitutional Court to clarify their position.

The Presiding Judge shall give the floor to each Judge of the Constitutional Court wishing to express his opinion on the case. The number and length of speeches during the deliberation can not be limited.

In the issue of the deliberation the Presiding Judge shall divide upon the wordings of the judgment, the decision proposed by the Judges of the Constitutional Court in the order of their appearance.

The Judges of the Constitutional Court shall vote “for” or “against” and shall be not entitled to abstain from voting or not to participate in it.

During the deliberation of the Judges of the Constitutional Court it shall be allowed to discuss the draft judgment, decision of the Constitutional Court prepared by the Reporting Judge or other Judges of the Constitutional Court.

The judgment, the decision of the Constitutional Court shall be considered as taken on conditions that they are voted for by the majority of the Judges of the Constitutional Court participating in the court session with the exception of the case provided by Article 75.9.

If when making the judgment, the decision of the Constitutional Court on review of the constitutionality of a normative legal act or on review of the constitutionality of a law adopted by the Parliament of the Republic of Belarus there is equality of votes of the Judges of the Constitutional Court, they shall be considered as taken in favor of the constitutionality of the reviewed act.

The judgment of the Constitutional Court shall be taken in the name of the Republic of Belarus.

 

Article 76. Dissenting opinion of the Judge of the Constitutional Court

 

The Judge of the Constitutional Court who does not agree with the judgment, the decision of the Constitutional Court shall be entitled to state his dissenting opinion in written form which shall be attached to the case materials.

The dissenting opinion of the Judge of the Constitutional Court may express his disagreement with the judgment, the decision of the Constitutional Court in whole as well as with their reasoning part.

The dissenting opinion shall be issued by the Judge of the Constitutional Court simultaneously with making of the judgment, the decision of the Constitutional Court and shall be published with the judgment, the decision of the Constitutional Court as their supplement.

 

Article 77. Content of the judgment, the decision of the Constitutional Court

 

The judgment of the Constitutional Court made in the issue of review of the constitutionality of the act shall contain introductory, descriptive, reasoning and operative parts.

In the introductory part of the judgment of the Constitutional Court it shall be indicated:

title of the judgment, date and place of its adoption;

composition of the Constitutional Court which made the judgment;

parties, their representatives and other participants of the court session;

wording of the proposal of the initiator, grounds for its consideration by the Constitutional Court.

The descriptive part of the judgment of the Constitutional Court shall contain:

provisions of the Constitution, the Code of the Republic of Belarus on Judicial System and Status of Judges, the present Law, other legislative act establishing the powers of the Constitutional Court to consider the appropriate proposal;

type and title of the act, the constitutionality of which is reviewed, date of its adoption (publication, signing or conclusion by any other way) and entry into force (enactment), its registration number and the source of its official publication (if available);

summary of legal rules, the constitutionality of which is reviewed.

In the reasoning part of the judgment of the Constitutional Court it shall be indicated:

circumstances of the case established by the Constitutional Court;

legal positions of the Constitutional Court, arguments in their basis;

normative legal acts, international treaties, other international instruments and rules of international law the Constitutional Court was guided by.

The operative part of the judgment of the Constitutional Court shall contain the conclusion on conformity or non-conformity of the act, its particular provisions to the Constitution of the Republic of Belarus, international instruments ratified by the Republic of Belarus, other normative legal acts mentioned in Article 116.4 of the Constitution of the Republic of Belarus, as well as the date of entry into force of the judgment of the Constitutional Court.

The judgment of the Constitutional Court made in the issue of consideration of the case on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus as well as the decision of the Constitutional Court shall be established with regard to requirements stipulated by Articles 77.1-5 of the present Law and features of the case.

 

Article 78. Pronouncement of the judgment, the decision of the Constitutional Court

 

The judgment, the decision of the Constitutional Court made in the issue of the consideration of the case with the use of the oral form of the constitutional proceedings shall be pronounced in the court session within the term established by the Constitutional Court but not later than one month from the date of the end of the consideration of the case. The date of pronouncement of the judgment, the decision of the Constitutional Court in the court session shall be considered as the date of their adoption.

When pronouncing the judgment, the decision of the Constitutional Court the Presiding Judge in order to maintain secrecy of deliberation of the Judges of the Constitutional Court shall be not entitled to announce the results of voting and names of the Judges of the Constitutional Court who voted “for” and “against”, unless the Judge of the Constitutional Court has a dissenting opinion, the existence of which is declared when pronouncing the judgment, the decision of the Constitutional Court.

After the pronouncement the judgment, the decision of the Constitutional Court the Presiding Judge shall ask the participants of the court session whether they understand the content of the judgment, the decision of the Constitutional Court and then announces the court session on the case closed.

The Judges of the Constitutional Court shall be not entitled to make statements in public, including mass media, commenting the judgment, the decision made by the Constitutional Court before its pronouncement.

 

Article 79. Sending of the judgment, the decision of the Constitutional Court to state bodies, other organisations, officials

 

The judgment of the Constitutional Court shall be sent within three days after its adoption to the parties, the President of the Republic of Belarus, the Prime Minister of the Republic of Belarus, Chairman of the Council of the Republic of the National Assembly of the Republic of Belarus, Chairman of the House of Representatives of the National Assembly of the Republic of Belarus, Chairman of the Supreme Court of the Republic of Belarus, and upon the decision of the Constitutional Court – to other state bodies, other organisations, officials.

The decision of the Constitutional Court made in the issue of the consideration of the case on review of the constitutionality of the law adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review shall be sent to the President of the Republic of Belarus within five days from the date of receipt of the law by the Constitutional Court.

The decision of the Constitutional Court made in the issue of the consideration of the case on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force in the exercise of preliminary review shall be sent to the President of the Republic of Belarus within three days from the date of its adoption.

The decision of the Constitutional Court made in the issue of the consideration of the case on existence of facts of systematic or flagrant violation of requirements of the legislation by the local council of deputies shall be sent to the parties, the President of the Republic of Belarus within three days from the date of its adoption.

The decision of the Constitutional Court made in the issue of the consideration of the case on giving the official interpretation of the decree or the edict of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals shall be sent to the President of the Republic of Belarus within three days from the date of its adoption.

The decision of the Constitutional Court made in the issue of the consideration of the case on position of the Constitutional Court on conformity of the document adopted (issued) by a foreign states, an international organisation and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law shall be sent to the party-initiator within three days from the date of its adoption. If necessary, the Constitutional Court shall inform other state bodies, other organisations and officials on its position.

The decision of the Constitutional Court made in the issue of the consideration of the case on the review of constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies defined by the Head of the State shall be sent to the President of the Republic of Belarus within three days from the date of its adoption.

The decision of the Constitutional Court made in the issue of the consideration of the case on elimination of legal gaps, collisions and legal uncertainty in normative legal acts shall be sent to the state body, the official having the competence to take measures in accordance with this decision within five days from the date of its adoption.

The decision of the Constitutional Court made in the issue of the consideration of the case on adoption of annual messages to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus shall be sent to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus within five days from the date of its adoption.

 

Article 80. Entry of the judgment, the decision of the Constitutional Court into force

 

The judgment, the decision of the Constitutional Court shall enter into force since the date of their adoption, unless these acts provide for otherwise.

 

Article 81. Official interpretation of the judgment, the decision of the Constitutional Court

 

The judgment, the decision of the Constitutional Court may be officially interpreted by the Constitutional Court on its own initiative or at the request of the parties, their representatives, the authorised representatives participating in the court session during which this conclusion, the decision were made, as well as on the initiative of the President of the Republic Belarus, the Prime Minister of the Republic Belarus, Chairman of the Council of the Republic of the National Assembly of the Republic of Belarus, Chairman of the House of Representatives of the National Assembly of the Republic of Belarus, Chairman of the Supreme Court of the Republic of Belarus.

The official interpretation of the judgment, the decision of the Constitutional Court shall be made in accordance with the procedure of constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case by adoption by the Constitutional Court of the act of the same type as the act submitted to the interpretation.

 

Article 82. Procedure of correction of inaccuracies, slips, clerical errors and other errors of editorial and technical nature in the judgment, the decision of the Constitutional Court

 

The Constitutional Court shall be entitled on its own initiative to correct inaccuracies, slips, clerical errors and other errors of editorial and technical nature in the judgment, the decision of the Constitutional Court.

In case of the application to the Constitutional Court of the parties, their representatives, officials, to whom the judgment, the decision of the Constitutional Court were sent, as well as in case of the application of other state bodies concerned and other organisations, officials on inaccuracies, slips, clerical errors and other errors of editorial and technical nature found in the judgment, the decision of the Constitutional Court, the Constitutional Court shall consider such an application.

Correction of inaccuracies, slips, clerical errors and other errors of editorial and technical nature made in the judgment, the decision of the Constitutional Court shall be made in the court session by adopting a procedural ruling and the parties, state bodies concerned and other organisations, officials shall be informed on this fact.

 

Article 83. Revision of the judgment, the decision of the Constitutional Court

 

The revision of the judgment, the decision of the Constitutional Court shall be allowed, if:

the rule of the Constitution on the basis of which were made the judgment, the decision of the Constitutional Court which have not yet entered into force is amended;

new facts that may affect the essence of the judgment, the decision of the Constitutional Court and the legal position they contain are revealed.

The revision of the judgment, the decision of the Constitutional Court may be made by the Constitutional Court not later than five years from the date of their adoption.

The revision of the judgment, the decision of the Constitutional Court shall be made at the discretion of the Constitutional Court in the court session in accordance with the procedure of the constitutional proceedings established by the present Law and other legislative acts.

 

Article 84. Publication of the judgment, the decision of the Constitutional Court

 

The judgment, the decision of the Constitutional Court shall be officially published according to the procedure established by legislative acts.

 

Article 85. Legal force of the judgment, the decision of the Constitutional Court

 

The judgement, the decision of the Constitutional Court shall be final and not subject to appeal or protest.

The judgement, the decision of the Constitutional Court shall have the direct effect and shall not require confirmation by other state bodies, other organisations, officials.

Normative legal acts recognised according to the judgments of the Constitutional Court as unconstitutional shall have no legal force. Recognition of normative legal acts as not to be conforming to the Constitution of the Republic of Belarus shall be the ground for their termination, making appropriate alterations and (or) addenda to or adoption of new normative legal acts with the same subject of legal regulation. Until the termination of the validity of such normative legal acts, making alterations and (or) addenda thereto or adoption of new normative legal acts the Constitution of the Republic of Belarus shall be directly applied.

Normative legal acts recognised according to the judgments of the Constitutional Court as not to be conforming to the international instruments ratified by the Republic of Belarus, laws, decrees and edicts of the President of the Republic of Belarus shall be considered as terminated in whole or partially from the date of their recognition as invalid (their abolition), making appropriate alterations and (or) addenda thereto or making adoption of new normative legal acts with the same subject of legal regulation, unless otherwise stipulated by the Constitutional Court.

The recognition of a normative legal act according to the judgment of the Constitutional Court as not to be conforming to the international instruments ratified by the Republic of Belarus, laws, decrees and edicts of the President of the Republic of Belarus shall be the ground for termination of the provisions of other normative legal acts based on such a normative legal act or reproducing it.

Normative legal acts recognised according to the judgments of the Constitutional Court as not to be conforming to the Constitution of the Republic of Belarus, international instruments ratified by the Republic of Belarus, laws, decrees and edicts of the President of the Republic of Belarus shall not be applied by the courts, other state bodies, other organisations and officials. Unless otherwise established by the Constitutional Court, the decisions of the courts based on these acts shall be revised in accordance with the established procedure, and legal acts adopted (issued) by other state bodies, other organisations, officials – shall terminate their validity.

In respect of the international obligation under treaty of the Republic of Belarus recognised according to the judgment of the Constitutional Court as not to be conforming to acts specified in Article 116.4.2 of the Constitution of the Republic of Belarus, the state body which powers cover the issues contained in the international treaty shall take measures stipulated by the legislation and international law in order to terminate the participation in the treaty for the Republic of Belarus, and in case of remaining of the interest of the participation of the Republic of Belarus in such an international treaty – shall take measures stipulated by international law in order to make necessary alterations and (or) addenda. In respect of other international commitment of the Republic of Belarus recognised according to the judgment of the Constitutional Court as not to be conforming to acts specified in Article 116.4.2 of the Constitution of the Republic of Belarus, the state body which powers cover the issues contained in the international commitment shall take measures stipulated by the international law in order to terminate such an international commitment of the Republic of Belarus.

In respect of the act of an interstate formation recognised according to the judgment of the Constitutional Court as not to be conforming to acts specified in Article 116.4.3 of the Constitution of the Republic of Belarus, the state body responsible for implementation of the act of interstate formation shall take measures stipulated by the international law in order to terminate the binding force of this act for the Republic of Belarus, and in case of remaining of the interest of the participation of the Republic of Belarus in this act of an interstate formation – shall take measures stipulated by international law in order to make necessary alterations and (or) addenda thereto.

The decision of the Constitutional Court on non-conformity of the law adopted by the Parliament of the Republic of Belarus to the Constitution of the Republic of Belarus, international instruments ratified by the Republic of Belarus adopted in exercise of obligatory preliminary review may be the ground for the return of the law with objections by the President of the Republic of Belarus or for signing of the law by the President of the Republic of Belarus with objections concerning its particular provisions.

In respect of the international treaty of the Republic of Belarus, which has not yet entered into force and the consent for which to be bound for the Republic of Belarus has not been expressed, recognised according to the decision of the Constitutional Court as not to be conforming to the Constitution of the Republic of Belarus the normative legal act on expressing consent for an international treaty to be bound for the Republic of Belarus shall be not adopted (issued).

In respect of the international treaty of the Republic of Belarus, which has not yet entered into force but the consent for which to be bound for the Republic of Belarus has been expressed, recognised according to the decision of the Constitutional Court as not to be conforming to the Constitution of the Republic of Belarus the state body which powers cover the issues contained in the international treaty shall take measures stipulated by the legislation and international law in order to terminate to be a party to this international treaty for the Republic of Belarus, and in case of remaining of the interest of the participation of the Republic of Belarus in such an international treaty – shall take measures stipulated by international law in order to make necessary alterations and (or) addenda to the treaty.

In case the international treaty of the Republic of Belarus, which has not yet entered into force, recognised according to the decision of the Constitutional Court as not to be conforming to the Constitution of the Republic of Belarus, is applied by the Republic of Belarus on a temporary basis according to the procedure established by the legislation and international law, its provisional application shall be terminated.

The judgment of the Constitutional Court on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus may be the ground for early termination of powers of the House of Representatives or the Council of the Republic of the National Assembly of the Republic of Belarus.

The decision of the Constitutional Court on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies may be the ground for the dissolution of the local Council of Deputies by the Council of the Republic of the National Assembly of the Republic of Belarus.

The official interpretation of the decree or edict of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals made by the Constitutional Court shall be mandatory for state bodies, other organisations, officials and other individuals.

The decision on the position of the Constitutional Court on conformity of the document adopted (issued) by a foreign state, international organisation and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law may be the ground for taking of appropriate measures by state bodies, other organisations, officials in accordance with their competence.

The decision of the Constitutional Court on elimination of legal gaps, collisions and legal uncertainty in normative legal acts shall be mandatory for consideration by state bodies, officials in accordance with their competence.

 

Article 86. Time of execution of the judgments, the decisions of the Constitutional Court by state bodies, other organisations, officials

 

In case of adoption of the judgments of the Constitutional Court stipulated by Article 85.3-5 of the present Law, and unless otherwise is stated in the judgment of the Constitutional Court, the appropriate state bodies and officials shall:

the Council of Ministers of the Republic of Belarus – submit not later than three months after the adoption of the judgment of the Constitutional Court to the House of Representatives of the National Assembly of the Republic of Belarus a draft law on recognition of the law recognised as unconstitutional as invalid or a draft law on making alterations and (or) addenda to this law or a new draft law with the same subject of legal regulation. The mentioned draft laws shall be considered by the House of Representatives of the National Assembly of the Republic of Belarus during the next session;

the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus – terminate the validity of the appropriate normative legal act of the President of the Republic of Belarus or the Council of Ministers of the Republic of Belarus recognised as unconstitutional or make alterations and (or) addenda to this normative legal act or adopt (issue) a new normative legal act with the same subject of legal regulation not later than two months after the adoption of the judgment of the Constitutional Court;

other state bodies, officials – terminate the validity of the appropriate normative legal act recognised as unconstitutional or based on such an act (or reproducing it) or make alterations and (or) addenda to this normative legal act or adopt (issue) a new normative legal act with the same subject of legal regulation not later than two months after the adoption of the judgment of the Constitutional Court;

In case of adoption of the judgments, decisions of the Constitutional Court, stipulated by Articles 85.6-8 and 85.10-12 of the present Law, and unless otherwise is stated in the judgment, the decision of the Constitutional Court, the appropriate state bodies, other organisations and officials shall take measures specified in Articles 85.6-8 and 85.10-12 of the present Law not later than six months after the adoption of the appropriate judgment, decision of the Constitutional Court.

In case of adoption of the decision of the Constitutional Court stipulated by Article 85.17 the present Law, and unless otherwise is stated in the decision of the Constitutional Court, the appropriate state bodies, officials shall consider it in accordance with their competence and communicate results of its consideration to the Constitutional Court in written form no later than one month after the adoption of the decision of the Constitutional Court.

 

Article 87. Control over the implementation of the judgments, decisions of the Constitutional Court

 

The Constitutional Court shall exercise the control over the implementation of adopted judgments, decisions of the Constitutional Court according to the procedure established by the Constitutional Court.

 

Article 88. Responsibility for the non-execution or preventing execution of the judgments, decisions of the Constitutional Court

 

The non-execution of the judgments, decisions of the Constitutional Court entered into legal force or preventing of their execution shall be liable in accordance with the legislative acts.

 

Article 89. Other documents of the Constitutional Court

 

The Constitutional Court, the Chairperson of the Constitutional Court shall make procedural rulings on procedural and other issues arising in the course of the constitutional proceedings.

The applications of the Constitutional Court to state bodies, other organisations, officials shall be established in the form of requests and submissions.

The requests of the Constitutional Court shall be sent in case and in accordance with the procedure established by the present Law.

The submissions of the Constitutional Court shall be sent to state bodies, other organisations, officials violating the Constitution of the Republic of Belarus, laws, decrees and edicts of the President of the Republic of Belarus, other normative legal acts revealed during the constitutional proceedings or to their superior bodies, organisations, superior officials. These state bodies, other organisations, officials, shall inform the Constitutional Court in written form on the measures taken in order to eliminate the revealed violations within the term set out by the Constitutional Court.

The procedural rulings, requests and submissions of the Constitutional Court shall be issued according to the procedure established by the Constitutional Court.

 

CHAPTER 11

MINUTES OF TRIAL

 

Article 90. Minutes of judicial proceedings

 

During the court session the minutes shall be kept.

The minutes of judicial proceedings shall be kept by the secretary of the court session in written form.

If according to the decision of the Constitutional Court during the court session the sound or video minutesing, the audio / video minutes were made, they shall be attached to the minutes of judicial proceedings and the appropriate note shall be made in it.

The parties, their representatives, other participants in the court session shall be entitled to request before the Constitutional Court on entering of the information about essential facts and circumstances in their opinion in the minutes of judicial proceedings.

The minutes of judicial proceedings shall be drawn up and signed within fifteen days after the end of the court session. In exceptional cases in view of particular complexity or high volume of the case the term of making the minutes of judicial proceedings may be extended by the Presiding Judge to one month.

 

Article 91. Acquaintance with the minutes of judicial proceedings. Objections to the minutes of judicial proceedings

 

The parties, their representatives, other participants in the court session shall be entitled to get acquainted with the minutes of judicial proceedings and submit written comments on the minutes of judicial proceedings with the indication of committed irregularities and incompleteness within ten days after its signing.

The objections to the minutes of judicial proceedings shall be considered in the court session not later than ten days from the date of their receipt.

In case of consent with the objections to the minutes of judicial proceedings, the Constitutional Court shall make the procedural ruling on attaching them to the minutes of judicial proceedings.

In case of disagreement with the objections to the minutes of judicial proceedings, the Constitutional Court shall make the procedural ruling on their rejection.

The objections to the minutes of judicial proceedings and the procedural ruling of the Constitutional Court on their rejection shall be attached to the minutes of judicial proceedings.

 

Article 92. Minutes of the deliberation of the Judges of the Constitutional Court

 

In the issue of the deliberation of the Judges of the Constitutional Court in the consultative room the Reporting Judge or another Judge of the Constitutional Court shall draw up the minutes upon the order of the Presiding Judge.

The minutes of the deliberation of the Judges of the Constitutional Court shall contain the date and time of the deliberation, the names and initials of the present and absent Judges of the Constitutional Court, wording of considered questions or questions put to the vote, opinions of the Judges of the Constitutional Court stated during the deliberation, the results of voting.

The content of the minutes of the deliberation of the Judges of the Constitutional Court shall not be disclosed.

 

CHAPTER 12

PROCEDURAL DEADLINES

 

Article 93. Term of consideration of cases

 

Cases on review of the constitutionality of acts in the exercise of subsequent review shall be considered within three months from the date of the initiation of the proceedings in the Constitutional Court. The mentioned term may be extended by the Chairperson of the Constitutional Court in view of particular complexity or high volume of the case, but not more than for one month.

Cases on review of the constitutionality of laws adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review shall be considered within no more than five days from the date of receipt of the law by the Constitutional Court.

Cases on review of the constitutionality of international treaties of the Republic of Belarus that have not yet entered into force in the exercise of preliminary review shall be considered, as a rule, within one month from the date of receipt of the appropriate proposal of the President of the Republic of Belarus by the Constitutional Court.

Terms of consideration of other types of cases shall be determined by the Constitutional Court, but they shall not exceed six months from the date of the initiation of the proceedings in the Constitutional Court.

 

Article 94. Calculation of procedural deadlines

 

Legal proceedings shall be taken within the term specified in the present Law.

Procedural deadlines shall be calculated in months and days. Procedural deadlines shall start from the day following the calendar day of determination of their start.

 

Article 95. Termination of procedural deadlines

 

Procedure term calculated in months shall expire on the corresponding day of the last month. If the end of a term, calculated in months expires in a month in which there is no corresponding date, the period shall expire on the last day of that month.

In cases where the last day of a term is not a working day, the deadline is the first following working day.

 

CHAPTER 13

COURT EXPENSES

 

Article 96. Court expenses

 

Court expenses shall consist of amounts reimbursable to witnesses, experts, specialists and interpreters, as well as of other expenses related to the consideration of the case.

Court expenses shall be reimbursed with the means from the national budget assigned to the Constitutional Court for its maintenance.

 

Article 97. Amounts reimbursable to witnesses, experts, specialists and interpreters

 

Individuals summoned as witnesses, experts, specialists and interpreters shall be reimbursed expenses borne in connection with their appearance before the Constitutional Court (travel expenses, renting, daily allowance, etc.) according to the procedure and the rate set by the Council of Ministers of the Republic of Belarus.

Experts, specialists and interpreters shall receive remuneration for their work which is not their duty according to the procedure and the rate set by the Council of Ministers of the Republic of Belarus.

 

 

CHAPTER 14

PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF THE LAW ADOPTED BY THE PARLIAMENT OF THE REPUBLIC OF BELARUS IN THE EXERCISE OF OBLIGATORY PRELIMINARY REVIEW

 

 

Article 98. Grounds for review of the constitutionality of the law adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review

 

In the exercise of obligatory preliminary review the constitutionality of the law adopted by the House of Representatives of the National Assembly of the Republic of Belarus and approved by the Council of the Republic of the National Assembly of the Republic of Belarus or adopted by the House of Representatives of the National Assembly of the Republic of Belarus according to the procedure specified in Article 100.5 of the Constitution of the Republic of Belarus submitted for signing by the President of the Republic of Belarus in accordance with the established procedure and sent to the Constitutional Court by the Administration of the President of the Republic of Belarus.

 

Article 99. Pre-trial preparation

 

The consideration of the case in the court session shall be preceded by pre-trial preparation according to the procedure specified by the Constitutional Court.

The adoption of the draft law by the House of Representatives of the National Assembly of the Republic of Belarus in the first reading shall be the ground for the start of pre-trial preparation. If the consideration of the draft law is declared urgent or if the draft law is adopted in one reading, the inclusion of the draft law on the agenda of the House of Representatives of the National Assembly of the Republic of Belarus shall be the ground for the start of pre-trial preparation.

 

Article 100. Initiation of the proceedings

 

Initiation of the proceedings on review of the constitutionality of the law adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review shall be established by the procedural ruling of the Chairperson of the Constitutional Court which shall indicate the Reporting Judge, the date of the consideration of the case in the court session, settlement of other issues related to the organisation and holding of the court session.

 

Article 101. Features of the proceedings

 

The consideration of the case on review of the constitutionality of the law adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review shall be held by the Constitutional Court with the use of written form of the constitutional proceedings in accordance with the procedure of the constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case, except the case stipulated by Article 102 of the present Law.

When using the written form of the constitutional proceedings authorised representatives and, upon the decision of the Constitutional Court, representatives of other state bodies, other organisations may take part in the court session.

 

Article 102. Features of the proceedings on review of the constitutionality of the law on making alterations and (or) addenda to the Constitution of the Republic of Belarus, adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review

 

The consideration of the case on review of the constitutionality of the law on making alterations and (or) addenda to the Constitution of the Republic of Belarus, adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review shall be held by the Constitutional Court with the use of the oral form of the constitutional proceedings in accordance with the procedure of constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case.

 

Article 103. Trial

 

The consideration of the case on review of the constitutionality of the law adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review shall start with the report of the Reporting Judge who states the essence of the issue under consideration, the content of the available materials. The Reporting Judge may be asked questions by other Judges of the Constitutional Court.

In case of participation in the court session of authorised representatives, representatives of other state bodies, other organizations, the said persons shall have the opportunity to state their opinion on the case.

The Constitutional Court may announce a recess or postpone the consideration of the case within the term specified by Article 93 of the present Law.

 

Article 104. Scope of review

 

Scope of review of the constitutionality of the law adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review shall be established by Article 54 of the present Law taking into account the features of the case.

 

Article 105. Decision on the case

 

In the issue of the consideration of the case on review of the constitutionality of the law adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review the Constitutional Court shall make the decision on its conformity or non-conformity to the Constitution of the Republic of Belarus, international instruments ratified by the Republic of Belarus.

 

Article 106. Possibility to review the constitutionality of the law in the exercise of subsequent review

 

The review of the constitutionality of the law adopted by the Parliament of the Republic of Belarus in the exercise of obligatory preliminary review shall not impede the review of the constitutionality of this law in the exercise of subsequent review after its entry into force.

 

CHAPTER 15

PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF THE INTERNATIONAL TREATY OF THE REPUBLIC OF BELARUS WHICH HAS NOT YET ENTERED INTO FORCE IN THE EXERCISE OF PRELIMINARY REVIEW

 

Article 107. Submission of the proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force

 

The President of the Republic of Belarus shall be entitled to submit the proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force to the Constitutional Court.

 

Article 108. General requirements for the content of the proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force

 

The proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force shall be submitted to the Constitutional Court in written form.

The proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force shall include:

the full official title of the international treaty, the date of its signing (adoption, conclusion by any other way), information on the provisional application of the international treaty by the Republic of Belarus and on establishing of the participation of the Republic of Belarus in the international treaty, including the consent of the Republic of Belarus for the international treaty to be bound for (international treaties for which the consent of the Republic of Belarus to be bound has been already expressed);

grounds for the consideration of the proposal in the Constitutional Court;

position of the President of the Republic of Belarus, its legal ground with reference to the appropriate provisions of the Constitution of the Republic of Belarus;

list of the documents and other materials attached to the proposal.

The proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force shall be signed by the President of the Republic of Belarus.

 

Article 109. Documents and other materials attached to the proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force

 

The proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force shall be accompanied by:

the text or copy of the international treaty, the constitutionality of which is subject to review, in Belarusian and (or) Russian languages or their official translation into Belarusian and (or) Russian languages, certified according to the procedure established by the Council of Ministers of the Republic of Belarus;

full texts of normative legal acts on expressing of consent of the Republic of Belarus for the international treaty to be bound for the Republic of Belarus and on the adoption of other decisions in respect of the international treaty, the constitutionality of which is subject to review with indication of the sources of their official publication (if such normative legal acts exist);

full texts of normative legal acts, aimed at the implementation of the international treaty, the constitutionality of which is subject to review with indication of the sources of their official publication – for the international treaty applied by the Republic of Belarus on a provisional basis;

other documents and other materials relevant to the consideration of the proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force, their translation into Belarusian or Russian language – for documents and other materials issued in another language;

power of attorney or other document confirming the powers of the representative of the party, unless the representation is carried out by virtue of office.

The proposal on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force may be accompanied by a list of witnesses, experts and specialists who may be invited to appear in the court session.

 

Article 110. Scope of review

 

Scope of review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force in the exercise of the preliminary shall be established by Article 54 of the present Law taking into account the features of the case.

 

Article 111. Features of the proceedings

 

The consideration of the case on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force in the exercise of preliminary review shall be held by the Constitutional Court in accordance with the procedure of constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case.

 

Article 112. Decision on the case

 

In the issue of the consideration of the case on review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force in the exercise of preliminary review the Constitutional Court shall make the decision on its conformity or non-conformity to the Constitution of the Republic of Belarus.

 

Article 113. Possibility to review the constitutionality of the international treaty of the Republic of Belarus in the exercise of subsequent review

 

The review of the constitutionality of the international treaty of the Republic of Belarus which has not yet entered into force in the exercise of preliminary review shall not impede the review of the constitutionality of this international treaty in the exercise of subsequent review after its entry into force for the Republic of Belarus in accordance with the rules established by Chapter 17 of the present Law.

 

 

CHAPTER 16

PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF THE NORMATIVE LEGAL ACT IN THE EXERCISE OF SUBSEQUENT REVIEW

 

Article 114. Submission of the proposal on review of the constitutionality of the normative legal act

 

The President of the Republic of Belarus, the House of Representatives of the National Assembly of the Republic of Belarus, the Council of the Republic of the National Assembly of the Republic of Belarus, the Supreme Court of the Republic of Belarus, the Council of Ministers of the Republic of Belarus shall be entitled to submit the proposal on review of the constitutionality of the normative legal act to the Constitutional Court in accordance with Article 116.4 of the Constitution of the Republic of Belarus.

If when considering a particular case the Court makes the conclusion on the non-conformity of the normative legal act to the Constitution of the Republic of Belarus, it shall make the decision in accordance with the Constitution of the Republic of Belarus and after the entry of the judgment into force shall put the question before the Supreme Court of the Republic of Belarus on submission of its proposal to the Constitutional Court on recognition of this normative legal act as unconstitutional.

 

Article 115. General requirements for the content of the proposal on review of the constitutionality of the normative legal act

 

The proposal on review of the constitutionality of the normative legal act shall be submitted to the Constitutional Court in written form.

The proposal on review of the constitutionality of the normative legal act shall include:

information on the authorised body;

the type and name of the normative legal act, the constitutionality of which is subject to review, the date of its adoption (issue), registration number and source of its official publication;

grounds for the consideration of the proposal in the Constitutional Court;

position of the authorised body, its legal ground with reference to the appropriate provisions of the Constitution of the Republic of Belarus, international instruments ratified by the Republic of Belarus, laws, decrees and edicts of the President of the Republic of Belarus;

list of the documents and other materials attached to the proposal.

The proposal on review of the constitutionality of the normative legal act submitted to the Constitutional Court by the President of the Republic of Belarus shall be signed by the President of the Republic of Belarus, the proposal on review of the constitutionality of the normative legal act submitted to the Constitutional Court by the authorised body shall be signed by the Head of this authorised body.

 

Article 116. Documents and other materials attached to the proposal on review of the constitutionality of the normative legal act

 

The proposal on review of the constitutionality of the normative legal act shall be accompanied by:

the full text of the normative legal act, the constitutionality of which is subject to review, with indication of the source of its official publication;

translation into Belarusian or Russian language of all documents attached and other materials issued in another language;

power of attorney or other document confirming the powers of the representative of the party, unless the representation is carried out by virtue of office.

The proposal on review of the constitutionality of the normative legal act may be accompanied by a list of witnesses, experts and specialists who may be invited to appear in the court session.

 

Article 117. Scope of review

 

Scope of review of the constitutionality of the normative legal act in the exercise of subsequent review shall be established by Article 54 of the present Law taking into account the features of the case.

 

Article 118. Judgment on the case

 

In the issue of the consideration of the case on review of the constitutionality of the law, decree or edict of the President of the Republic of Belarus (except mentioned in Article 118.2) in the exercise of subsequent review the Constitutional Court shall make the judgment on their conformity or non-conformity to the Constitution of the Republic of Belarus, international instruments ratified by the Republic of Belarus.

In the issue of the consideration of the case on review of the constitutionality of the edict of the President of the Republic of Belarus issued in the execution of the law in the exercise of subsequent review the Constitutional Court shall make the judgment on its conformity or non-conformity to the Constitution of the Republic of Belarus, international instruments ratified by the Republic of Belarus, laws, decrees of the President of the Republic of Belarus.

In the issue of the consideration of the case on review of the constitutionality of the ordinance of the Council of Ministers of the Republic of Belarus, normative legal act of the Supreme Court of the Republic of Belarus, Prosecutor General of the Republic of Belarus, other state body in the exercise of subsequent review the Constitutional Court shall make the judgment on their conformity or non-conformity to the Constitution of the Republic of Belarus, international instruments ratified by the Republic of Belarus, laws, decrees and edicts of the President of the Republic of Belarus.

 

CHAPTER 17

PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF THE OBLIGATION UNDER TREATY AND OTHER INTERNATIONAL COMMITMENT OF THE REPUBLIC OF BELARUS IN THE EXERCISE OF SUBSEQUENT REVIEW

 

Article 119. Submission of the proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus

 

The President of the Republic of Belarus, the House of Representatives of the National Assembly of the Republic of Belarus, the Council of the Republic of the National Assembly of the Republic of Belarus, the Supreme Court of the Republic of Belarus, the Council of Ministers of the Republic of Belarus shall be entitled to submit the proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus to the Constitutional Court in accordance with Article 116.4 of the Constitution of the Republic of Belarus.

 

Article 120. General requirements for the content of the proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus

 

The proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus shall be submitted to the Constitutional Court in written form.

The proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus shall include:

information on the authorised body;

form of the international commitment, the constitutionality of which is subject to review;

the full official name of the international treaty, the date of its signing (adoption, conclusion by any other way) and entry into force for the Republic of Belarus, information on the provisional application of the international treaty by the Republic of Belarus and on establishing of the participation of the Republic of Belarus in the international treaty, including the consent of the Republic of Belarus for the international treaty to be bound for the Republic of Belarus, source of its official publication – for the obligation under international treaty of the Republic of Belarus;

brief description of the international obligation – for the other international commitment of the Republic of Belarus;

grounds for the consideration of the proposal in the Constitutional Court;

position of the authorised body, its legal ground with reference to the appropriate provisions of the Constitution of the Republic of Belarus;

list of the documents and other materials attached to the proposal.

The proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus submitted to the Constitutional Court by the President of the Republic of Belarus shall be signed by the President of the Republic of Belarus, the proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus submitted to the Constitutional Court by the authorised body shall be signed by the Head of this authorised body.

 

Article 121. Documents and other materials attached to the proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus

 

The proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus shall be accompanied by:

the copy of the international treaty, the constitutionality of which is subject to review, in Belarusian and (or) Russian languages or its official translation into Belarusian and (or) Russian languages, certified according to the procedure established by the Council of Ministers of the Republic of Belarus – for the obligation under international treaty of the Republic of Belarus;

the copies of the international treaties making alterations and (or) addenda to the international treaty, the constitutionality of which is subject to review, in Belarusian and (or) Russian languages or its official translation into Belarusian and (or) Russian languages, certified according to the procedure established by the Council of Ministers of the Republic of Belarus – for the obligation under international treaty of the Republic of Belarus;

full texts of normative legal acts on expressing of consent of the Republic of Belarus for the international treaty to be bound for the Republic of Belarus and on the adoption of other decisions in respect of the international treaty, the constitutionality of which is subject to review with indication of the sources of their official publication – for the obligation under international treaty of the Republic of Belarus;

description of the content of the international obligation – for the other international commitment of the Republic of Belarus;

full texts of normative legal acts aimed at the implementation of the obligation under treaty and other international commitment of the Republic of Belarus, the constitutionality of which is subject to review with indication of the sources of their official publication;

other documents and other materials relevant to the consideration of the proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus, their translation into Belarusian or Russian language – for documents and other materials issued in other language;

power of attorney or other document confirming the powers of the representative of the party, unless the representation is carried out by virtue of office.

The proposal on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus may be accompanied by a list of witnesses, experts and specialists who may be invited to appear in the court session.

 

Article 122. Scope of review

 

Scope of review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus force shall be established by Article 54 of the present Law taking into account the features of the case.

 

Article 123. Features of the proceedings

 

The consideration of the case on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus in the exercise of subsequent review shall be held by the Constitutional Court in accordance with the procedure of constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case.

 

Article 124. Judgment on the case

 

In the issue of the consideration of the case on review of the constitutionality of the obligation under treaty and other international commitment of the Republic of Belarus in the exercise of subsequent review the Constitutional Court shall make the judgment on its conformity or non-conformity to the acts mentioned in Article 116.4.2 of the Constitution of the Republic of Belarus.

 

CHAPTER 18

PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF THE ACT OF AN INTERSTATE FORMATION IN THE EXERCISE OF SUBSEQUENT REVIEW

 

Article 125. Submission of the proposal on review of the constitutionality of the act of an interstate formation

 

The President of the Republic of Belarus, the House of Representatives of the National Assembly of the Republic of Belarus, the Council of the Republic of the National Assembly of the Republic of Belarus, the Supreme Court of the Republic of Belarus, the Council of Ministers of the Republic of Belarus shall be entitled to submit the proposal on review of the constitutionality of the act of an interstate formation to the Constitutional Court in accordance with Article 116.4 of the Constitution of the Republic of Belarus.

 

Article 126. General requirements for the content of the proposal on review of the constitutionality of the act of an interstate formation

 

The proposal on review of the constitutionality of the act of an interstate formation shall be submitted to the Constitutional Court in written form.

The proposal on review of the constitutionality of the act of an interstate formation shall include:

information on the authorised body;

the type and the full official name of the act of an interstate formation, the date of its adoption (signing) and other obligatory details, source of its official publication;

grounds for the consideration of the proposal in the Constitutional Court;

position of the authorised body, its legal ground with reference to the appropriate provisions of the Constitution of the Republic of Belarus;

list of the documents and other materials attached to the proposal.

The proposal on review of the constitutionality of the details submitted to the Constitutional Court by the President of the Republic of Belarus shall be signed by the President of the Republic of Belarus, the proposal on review of the constitutionality of the details submitted to the Constitutional Court by other authorised body shall be signed by the Head of this authorised body.

 

Article 127. Documents and other materials attached to the proposal on review of the constitutionality of the act of an interstate formation

 

The proposal on review of the constitutionality of the act of an interstate formation shall be accompanied by:

the copy of the act of an interstate formation, the constitutionality of which is subject to review, in Belarusian and (or) Russian languages or its official translation into Belarusian and (or) Russian languages, certified according to the procedure established by the Council of Ministers of the Republic of Belarus;

the copies of the acts of an interstate formation making alterations and (or) addenda to the act of an interstate formation, the constitutionality of which is subject to review, in Belarusian and (or) Russian languages or their official translation into Belarusian and (or) Russian languages, certified according to the procedure established by the Council of Ministers of the Republic of Belarus;

the copies of the international instruments on the basis of which was adopted the act of an interstate formation, the constitutionality of which is subject to review, in Belarusian and (or) Russian languages or their official translation into Belarusian and (or) Russian languages, certified according to the procedure established by the Council of Ministers of the Republic of Belarus;

full texts of normative legal acts aimed at the implementation of the act of an interstate formation, the constitutionality of which is subject to review with indication of the sources of their official publication;

other documents and other materials relevant to the consideration of the proposal on review of the constitutionality of the act of an interstate formation, their translation into Belarusian or Russian language – for documents and other materials issued in other language;

power of attorney or other document confirming the powers of the representative of the party, unless the representation is carried out by virtue of office.

The proposal on review of the constitutionality of the act of an interstate formation may be accompanied by a list of witnesses, experts and specialists who may be invited to appear in the court session.

 

Article 128. Refusal to initiate proceedings

 

The Constitutional Court shall refuse to initiate proceedings on review of the constitutionality of the act of an interstate formation in the exercise of subsequent review in the cases stipulated by Article 33.1 of the present Law as well as if the act of an interstate formation, the constitutionality of which is subject to review, regulates the issues the, decision of the constitutionality thereof can not be based on general principles and rules of the Constitution of the Republic of Belarus.

The authorised body refused to initiate proceedings on review of the constitutionality of the act of an interstate formation in the exercise of subsequent review by reason of the fact that the settlement of the issue on the constitutionality of the act of an interstate formation can not be based on general principles and rules of the Constitution of the Republic of Belarus shall be entitled to submit the similar proposal to the Constitutional Court in case the appropriate alterations and (or) addenda were made to the Constitution of the Republic of Belarus or the official interpretation of its provisions permitting to correlate legal instructions of the act of an interstate formation with the general principles and rules of the Constitution of the Republic of Belarus was given.

 

Article 129. Scope of review

 

Scope of review of the constitutionality of the act of an interstate formation in the exercise of subsequent review shall be established by Article 54 of the present Law taking into account the features of the case.

 

Article 130. Features of the proceedings

 

The consideration of the case on review of the constitutionality of the act of an interstate formation in the exercise of preliminary review shall be held by the Constitutional Court in accordance with the procedure of constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case.

 

Article 131. Judgment on the case

 

In the issue of the consideration of the case on review of the constitutionality of the act of an interstate formation in the exercise of subsequent review the Constitutional Court shall make the judgment on its conformity or non-conformity to the acts mentioned in Article 116.4.3 of the Constitution of the Republic of Belarus.

 

 

CHAPTER 19

PROCEEDINGS ON EXISTENCE OF FACTS OF SYSTEMATIC OR GROSS VIOLATIONS OF THE CONSTITUTION OF THE REPUBLIC OF BELARUS BY THE HOUSES OF THE NATIONAL ASSEMBLY OF THE REPUBLIC OF BELARUS

 

Article 132. Submission of the proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus

 

The President of the Republic of Belarus shall be entitled to submit the proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus to the Constitutional Court in accordance with Article 116.6 of the Constitution of the Republic of Belarus.

The proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus can not be rejected on the initiative of the Constitutional Court.

 

Article 133. General requirements for the content of the proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus

 

The proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus shall be submitted to the Constitutional Court in written form.

The proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus shall include:

information on facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus;

grounds for the consideration of the proposal in the Constitutional Court;

position of the President of the Republic of Belarus, its legal ground with reference to the appropriate provisions of the Constitution of the Republic of Belarus;

list of the documents and other materials attached to the proposal.

The proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus shall be signed by the President of the Republic of Belarus.

 

Article 134. Documents and other materials attached to the proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus

 

The proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus shall be accompanied by the power of attorney or other document confirming the powers of the representative of the party, unless the representation is carried out by virtue of office.

The proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus may be accompanied by a list of witnesses, experts and specialists who may be invited to appear in the court session as well as other materials confirming existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus.

 

Article 135. Scope of the consideration of the case

 

When verifying information on facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus the Constitutional Court shall investigate evidence establishing existence or absence of such facts and shall evaluate them.

When considering the case the Constitutional Court shall be not entitled to consider other facts with the exception of the facts mentioned by the President of the Republic of Belarus in the proposal on giving the conclusion on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus.

 

Article 136. Features of the proceedings

 

The consideration of the case on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus shall be held by the Constitutional Court in accordance with the procedure of constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case.

 

Article 137. Judgment on the case

 

In the issue of the consideration of the case on existence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus the Constitutional Court shall make the judgment on existence or absence of facts of systematic or gross violations of the Constitution of the Republic of Belarus by the Houses of the National Assembly of the Republic of Belarus.

 

CHAPTER 20

PROCEEDINGS ON EXISTENCE OF FACTS OF SYSTEMATIC OR FLAGRANT VIOLATION OF REQUIREMENTS OF THE LEGISLATION BY THE LOCAL COUNCIL OF DEPUTIES

 

Article 138. Submission of the proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies

 

The Presidium of the Council of the Republic of the National Assembly of the Republic of Belarus shall be entitled to submit the proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies.

 

Article 139. General requirements for the content of the proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies

 

The proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies shall be submitted to the Constitutional Court in written form.

The proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies shall include:

information on facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies;

grounds for the consideration of the proposal in the Constitutional Court;

position of the Presidium of the Council of the Republic of the National Assembly of the Republic of Belarus, its legal ground with reference to the appropriate provisions of the Constitution of the Republic of Belarus, other normative legal acts;

list of the documents and other materials attached to the proposal.

The proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies shall be signed by Chairman of the Council of the Republic of the National Assembly of the Republic of Belarus.

 

Article 140. Documents and other materials attached to the proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies

 

The proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies shall be accompanied by the power of attorney or other document confirming the powers of the representative of the party, unless the representation is carried out by virtue of office.

The proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies may be accompanied by a list of witnesses, experts and specialists who may be invited to appear in the court session as well as other materials confirming existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies.

 

Article 141. Scope of the consideration of the case

 

When verifying information on facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies the Constitutional Court shall investigate evidence establishing existence or absence of such facts and shall evaluate them.

When considering the case the Constitutional Court shall be not entitled to consider other facts with the exception of the facts mentioned by the Presidium of the Council of the Republic of the National Assembly of the Republic of Belarus in the proposal on making the decision on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies.

 

Article 142. Features of the proceedings

 

The consideration of the case on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies shall be held by the Constitutional Court with the use of written form of the constitutional proceedings in accordance with the procedure of constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case.

 

Article 143. Decision on the case

 

In the issue of the consideration of the case on existence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies the Constitutional Court shall make the decision on existence or absence of facts of systematic or flagrant violation of requirements of the legislation by the local Council of Deputies.

 

CHAPTER 21

PROCEEDINGS ON OFFICIAL INTERPRETATION OF THE DECREE OR EDICT

OF THE PRESIDENT OF THE REPUBLIC OF BELARUS

CONCERNING CONSTITUTIONAL RIGHTS, FREEDOMS AND DUTIES OF INDIVIDUALS

 

Article 144. Submission of the proposal on official interpretation of the decree or edict of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals

 

The President of the Republic of Belarus shall be entitled to submit the proposal on official interpretation of the decree or edict of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals to the Constitutional Court.

 

Article 145. Features of the proceedings

 

The proceedings of the case on official interpretation of the decree or edict of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals shall be held by the Constitutional Court with the use of written form of the constitutional proceedings in accordance with the procedure of constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case.

 

Article 146. Decision on the case

 

In the issue of the consideration of the case on official interpretation of the decree or edict of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals the Constitutional Court shall make the decision which shall state the constitutional and legal meaning of interpreted rules of the decree or edict of the President of the Republic of Belarus revealed by the Constitutional Court.

 

CHAPTER 22

PROCEEDINGS ON STATING THE POSITION OF THE CONSTITUTIONAL COURT

ON CONFORMITY OF THE DOCUMENT ADOPTED (ISSUED) BY FOREIGN STATES, INTERNATIONAL ORGANISATIONS AND (OR) THEIR BODIES AND AFFECTING THE INTERESTS OF THE REPUBLIC OF BELARUS TO GENERALLY RECOGNISED PRINCIPLES AND RULES OF INTERNATIONAL LAW

 

Article 147. Submission of the proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law

 

The President of the Republic of Belarus, the House of Representatives of the National Assembly of the Republic of Belarus, the Council of the Republic of the National Assembly of the Republic of Belarus, the Council of Ministers of the Republic of Belarus shall be entitled to submit the proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law to the Constitutional Court.

 

Article 148. General requirements for the content of the proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law

 

The proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law shall be submitted to the Constitutional Court in written form.

The proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law shall include:

information on the initiator;

specific provisions of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus which affects, according to the initiator, the interests of the Republic of Belarus;

grounds for the consideration of the proposal in the Constitutional Court;

position of the initiator, its legal ground with reference to generally recognised principles and rules of international law;

list of the documents and other materials attached to the proposal.

The proposal on stating the position of the Constitutional Court on conformity of the documents adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law shall be signed by the President of the Republic of Belarus, in case the initiator is the House of Representatives of the National Assembly of the Republic of Belarus, the Council of the Republic of the National Assembly of the Republic of Belarus, the Council of Ministers of the Republic of Belarus – respectively by Chairman of the House of Representatives of the National Assembly of the Republic of Belarus, Chairman of the Council of the Republic of the National Assembly of the Republic of Belarus, the Prime Minister of the Republic of Belarus.

 

Article 149. Documents and other materials attached to the proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law

 

The proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law shall be accompanied by:

the copy of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus in Belarusian and (or) Russian languages or its official translation into Belarusian and (or) Russian languages, certified according to the procedure established by the Council of Ministers of the Republic of Belarus;

the copies of the acts of an interstate formation making alterations and (or) addenda to the act of an interstate formation, the constitutionality of which is subject to review, in Belarusian and (or) Russian languages or their official translation into Belarusian and (or) Russian languages, certified according to the procedure established by the Council of Ministers of the Republic of Belarus;

other documents and other materials relevant to the consideration of the proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law, their translation into Belarusian or Russian language – for documents and other materials issued in other language;

power of attorney or other document confirming the powers of the representative of the party, unless the representation is carried out by virtue of office.

 

Article 150. Features of the preparation of the case for the consideration

 

When preparing the case on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law for the consideration the Constitutional Court shall be entitled to make requests to state bodies, other organisations, officials on giving their conclusions on the matter of consideration in whole as well as partially.

The conclusions shall be submitted by state bodies, other organisations, officials to the Constitutional Court within one month from the date of receipt of the request, unless other term set by the Constitutional Court.

The conclusions of state bodies, other organisations, officials shall not be mandatory for the Constitutional Court, shall be subject to evaluation by the Constitutional Court along with other documents and other materials that are relevant for the consideration of the proposal on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law.

 

Article 151. Features of the proceedings

 

The proceedings of the case on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law shall be held by the Constitutional Court with the use of written form of the constitutional proceedings in accordance with the procedure of constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case.

 

Article 152. Decision on the case

 

In the issue of the consideration of the case on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law the Constitutional Court shall make the decision which shall state the position of the Constitutional Court on the conformity of the reviewed document to generally recognised principles and rules of international law and arguments taken as a basis.

The decision on stating the position of the Constitutional Court on conformity of the document adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law may contain proposals to state bodies, other organisations, officials on taking appropriate measures according to their competence, including measures on regulation of issues similar to those presented in the reviewed document.

 

CHAPTER 23

PROCEEDINGS ON REVIEW OF THE CONSTITUTIONALITY OF GUIDELINES FOR LAW-MAKING AND LAW-ENFORCEMENT PRACTICE OF STATE BODIES INCLUDING JUDICIAL AND LAW-ENFORCEMENT BODIES DEFINED BY THE HEAD OF THE STATE

 

Article 153. Submission of the proposal on review of the constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies defined by the Head of the State

 

The President of the Republic of Belarus shall be entitled to submit the proposal on review of the constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies defined by the Head of the State to the Constitutional Court.

 

Article 154. Scope of the consideration of the case

 

When reviewing the constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies the Constitutional Court shall not go beyond the guidelines for law-making and law-enforcement practice defined by the Head of the State and mentioned in the proposal of the President of the Republic of Belarus on review of the constitutionality thereof.

The review of the constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies defined by the Head of the State shall be made within the term mentioned in the proposal of the President of the Republic of Belarus on review of the constitutionality thereof and in case of absence of such indication – within the term that shall permit to the Constitutional Court to make the conclusion and make the appropriate decision based on the matter of the review and other provisions contained in the proposal of the President of the Republic of Belarus.

 

Article 155. Features of the preparation of the case for the consideration

 

When preparing the case on review of the constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies defined by the Head of the State for the consideration the Constitutional Court shall be entitled to make requests to state bodies, other organisations, officials on submitting documents and other materials relevant to the settlement of the case as well as to exercise other powers mqntioned in Chapter VII of the present Law taking into account the features of the case.

 

Article 156. Features of the proceedings

 

The proceedings of the case on review of the constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies defined by the Head of the State shall be held by the Constitutional Court with the use of written form of the constitutional proceedings in accordance with the procedure of constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case.

 

Article 157. Decision on the case

 

In the issue of the consideration of the case on review of the constitutionality of guidelines for law-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies defined by the Head of the State the Constitutional Court shall make the decision on the conformity or non-conformity of law-making and law-enforcement practice of courts, law-enforcement and other state bodies which activities or practice were reviewed to the Constitution of the Republic of Belarus, laws, decrees and edicts of the President of the Republic of Belarus.

 

CHAPTER 24

PROCEEDINGS ON ELIMINATION OF LEGAL GAPS, COLLISIONS AND LEGAL UNCERTAINTY IN NORMATIVE LEGAL ACTS

 

Article 158. Grounds for initiation of the proceedings

 

Applications of state bodies, other organisations, individuals including individual entrepreneurs containing information on existence of legal gaps, collisions and legal uncertainty in normative legal acts submitted to the Constitutional Court shall be the ground for initiation of the proceedings on elimination of legal gaps, collisions and legal uncertainty in normative legal acts.

The proceedings on elimination of legal gaps, collisions and legal uncertainty in normative legal acts may be initiated by the Constitutional Court on its own initiative.

The Constitutional Court shall make the procedural ruling on initiation of the proceedings on elimination of legal gaps, collisions and legal uncertainty in normative legal acts in the court session.

 

Article 159. Features of the proceedings

 

The proceedings of the case on elimination of legal gaps, collisions and legal uncertainty in normative legal acts shall be held by the Constitutional Court, as a rule, with the use of written form of the constitutional proceedings in accordance with the procedure of constitutional proceedings defined by the present Law and other legislative acts taking into account the features of the case.

 

Article 160. Decision on the case

 

In the issue of the consideration of the case on elimination of legal gaps, collisions and legal uncertainty in normative legal acts the Constitutional Court shall make the decision.

In the operative part of the decision the conclusion on existence of legal gaps, collisions and legal uncertainty in normative legal acts shall be stated and the proposal to the concrete state body, official on the necessity of elimination of legal gaps, collisions and legal uncertainty in these normative legal acts in accordance with their competence shall be made.

 

CHAPTER 25

PROCEEDINGS ON ADOPTION OF THE ANNUAL MESSAGE TO THE PRESIDENT OF THE REPUBLIC OF BELARUS AND THE HOUSES OF THE NATIONAL ASSEMBLY OF THE REPUBLIC OF BELARUS ON CONSTITUTIONAL LEGALITY IN THE REPUBLIC OF BELARUS

 

Article 161. Preparation of the annual message to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus by the Constitutional Court

 

Preparation of the annual message to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus shall be held by the Constitutional Court on the basis of the analysis of cases examined and considered by it as well as other materials according to the procedure established by the Constitutional Court.

 

Article 162. Content of the annual message to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus

 

The annual message to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus shall contain:

analysis of cases examined and considered by the Constitutional Court as well as other materials;

circumstances established in the course of the analysis of the mentioned cases and other materials;

conclusions and proposals of the Constitutional Court, including its legal positions.

 

Article 163. Adoption of the annual message to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus

 

The annual message to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus shall be adopted by the Constitutional Court according to the procedure established by the Constitutional Court.

 

 

Article 164. Recognition of some legislative acts and certain provisions of laws as invalid

 

To recognise as invalid:

1. The Law of the Republic of Belarus of March 30, 1994 “On the Constitutional Court of the Republic of Belarus” (Bulletin of the Supreme Council of the Republic of Belarus, 1994, No. 15, Art. 220; Bulletin of the National Assembly of the Republic of Belarus, 1997, No. 25 – 26, Art. 465).

2. The Law of the Republic of Belarus of March 3, 1995 “On Making Alterations and Addenda to Law of the Republic of Belarus “On the Constitutional Court of the Republic of Belarus” (Bulletin of the Supreme Council of the Republic of Belarus, 1995, No. 20, Art. 237).

3. The Law of the Republic of Belarus of February 6, 1997 “On Making Alterations and Addenda to Law of the Republic of Belarus “On the Constitutional Court of the Republic of Belarus” (Bulletin of the National Assembly of the Republic of Belarus, 1997, No. 7, Art. 162).

4. The Law of the Republic of Belarus of July 7, 1997 “On Making Alterations and Addenda to Law of the Republic of Belarus “On the Constitutional Court of the Republic of Belarus” (Bulletin of the National Assembly of the Republic of Belarus, 1997, No. 25 – 26, Art. 464).

5. The Law of the Republic of Belarus of June 16, 2000 “On Making Alterations and Addenda to Certain Laws of the Republic of Belarus” (National register of legal acts of the Republic of Belarus, 2000, No. 59, 2/176).

6. Article 6 of the Law of the Republic of Belarus of January 4, 2003 “On Making Alterations and Addenda to Certain Legislative Acts of the Republic of Belarus” (National register of legal acts of the Republic of Belarus, 2003, No. 8, 2/932).

7. Article 1 of the Law of the Republic of Belarus of November 3, 2005 “On Making Alterations and Addenda to Certain Legislative Acts of the Republic of Belarus on Suspension of Powers and Removal from Office” (National register of legal acts of the Republic of Belarus, 2005, No. 175, 2/1144).

8. Article 44.6 of the Law of the Republic of Belarus of July 23, 2008 “On International Treaties of the Republic of Belarus” (National register of legal acts of the Republic of Belarus, 2008, No. 184, 2/1518).

9. Article 40.3 of the Law of the Republic of Belarus of July 23, 2008 “On the Council of Ministers of the Republic of Belarus” (National register of legal acts of the Republic of Belarus, 2008, No. 184, 2/1521).

10. Article 1 of the Law of the Republic of Belarus of June 15, 2009 ” On Making Alterations and Addenda to Certain Laws of the Republic of Belarus on Protection of State Secrets and Other Secrets Protected by Law” (National register of legal acts of the Republic of Belarus, 2009, No. 148, 2/1578).

11. Resolution of the Supreme Council of the Republic of Belarus of March 30, 1994 “On the Procedure of Enactment of the Law of the Republic of Belarus “On the Constitutional Court of the Republic of Belarus” (Bulletin of the Supreme Council of the Republic of Belarus, 1994, No. 15, Art. 221).

12. Resolution of the Supreme Council of the Republic of Belarus of April 11, 1995 “On reconsideration and voting on the Law of the Republic of Belarus “On making Alterations and Addenda to Law of the Republic of Belarus “On the Constitutional Court of the Republic of Belarus” (Bulletin of the Supreme Council of the Republic of Belarus, 1995, No. 21, Art. 255).

 

Article 165. Measures for implementation of the provisions of the present Law

 

Within three months the Council of Ministers of the Republic of Belarus shall:

with the National Centre of Legislation and Legal Research of the Republic of Belarus prepare and submit in accordance with the established procedure proposals on amending legislative acts in accordance with the present Law;

bring decisions of the Government of the Republic of Belarus into accord with the present Law;

take other necessary measures for implementation of the provisions of the present Law.

 

Article 166. Entry of the present Law into force

 

The present Law shall come into force according to the following order:

Articles 1 – 164 – three months after the official publication of the present Law;

other provisions – after the official publication of the present Law.