The Constitution of the Republic of Belarus (; ) is the supreme basic law of Belarus. The Constitution is composed of a preamble and nine sections divided into 148 articles.BelTA. March 15 - Day of Constitution (of the) Republic of Belarus . Published March 13, 2007. Retrieved July 11, 2007.
Adopted in 1994, three years after the country declared its independence from the Soviet Union, this formal document establishes the framework of the Belarusian state and government and enumerates the rights and freedoms of its citizens. However, the United Nations and various observers challenge that the rule of law is respected or that the judiciary is independent in Belarus, highlighting the consolidation of power by the current president.
The constitution was drafted by the Supreme Council of Belarus, the former legislative body of the country and is heavily influenced by Western constitutions. The constitution has been amended thrice under controversial circumstances since the original adoption, in 1996, in 2004 and in 2022. Two referendums that were disputed by independent observers and government opposition leaders increased the power of the presidency over the government and eliminated the term limits for the presidency.
History
The Belarusian Democratic Republic adopted its first temporary constitution several months after declaring independence from the Russian Empire, on October 11, 1918. In 1919, after the occupation of the country by the Russian Bolsheviks, Belarus became a Soviet Republic (USSR), and a new constitution was adopted.House of Representatives of the Republic of Belarus History of Constitutionalism in Belarus . Retrieved March 25, 2007. Belarus continued to use this constitution until it – along with Russia, Ukraine, and the Transcaucasus – signed a treaty to form the Soviet Union.British Broadcasting Corporation Timeline of the Soviet Union. Published March 2006. Retrieved June 5, 2007. Now the Byelorussian Soviet Socialist Republic (Byelorussian SSR), the country adopted its first Soviet-era constitution in 1927, complementing the recently adopted Soviet Constitution. After a re-adoption in 1937, the Byelorussian SSR adopted its last Soviet-era constitution in 1978, mainly to reflect changes made in the 1977 Soviet Constitution.Kremlin.ru The Constitutional Process in Russia . Retrieved June 5, 2007.
Modern constitution
When Belarus became independent from the Soviet Union in 1991, the Supreme Council of Belarus passed the Declaration of State Sovereignty of the Byelorussian Soviet Socialist Republic, proclaiming Byelorussian SSR acts legal priority over USSR ones (per article 7 of the Declaration, but this provision was inserted into 1978 Constitution only in August 1991) and formally starting a constitutional process in Republic.per article 12 of the Declaration, its provisions shall be "implemented by the Supreme Soviet of the Byelorussian SSR through the adoption the new Constitution (Fundamental Law) of the Byelorussian SSR, the Byelorussian SSR laws", a similar clause also existed in other declarations, such as Russian (art. 15: "This Declaration shall be basis for the development of the new Constitution of the RSFSR, the conclusion of the Union Treaty, and improvement of the national legislation") and Ukrainian ("The Declaration shall be the basis for a new constitution and the laws of Ukraine, as well as determine the positions of the Republic regarding conclusion of international agreements. The principles of the Declaration of Sovereignty shall be used to sign the Union Treaty") ones.
Soon afterwards, the government established a Constitution Commission to facilitate the adoption of a post-Soviet constitution. In November 1991, the commission sent the first of three drafts to the Supreme Council. Upon approval from the Supreme Council, the first draft was published in December 1991 in order for the Belarusian populace to make comments and suggestions. Professors Gary M. Shaw of Touro College, New York and Russell L. Weaver of the University of Louisville spent time in Belarus in 1993 advising on drafting the constitution on behalf of Central and East European Law Initiative (CEELI), a project of the American Bar Association. The commission submitted the third and final draft to the Supreme Council, where it was signed on March 15, 1994 by the Speaker of the Supreme Council and Head of State, Myechyslaw Hryb.
The gazette Zvezda officially published the Constitution fifteen days later.Belconstitution.narod.ru Constitution of 1994. Retrieved March 25, 2007. The Supreme Council passed a second law along with the Constitution, titled the Enactment Law, rendering the 1978 Byelorussian SSR Constitution and the Declaration of State Sovereignty of the Byelorussian Soviet Socialist Republic void, with a few exceptions. The law, passed during the thirteenth session of the Supreme Council, also provided transitional phases for office holders and government organs to form within two years.Republic of Belarus Enactment Law. Passed March 15, 1994. Retrieved July 10, 2007. Every year since 1994, March 15 has been commemorated in Belarus as Constitution Day, a national holiday.Embassy of the Republic of Belarus to Mexico and the United States National Holidays. Retrieved March 25, 2007.
The Constitution introduces separation of powers. According to Belarusian law, each office is separate but must work together to serve the people. The Constitution also makes Belarus a presidential democracy, significantly reducing the role of the prime minister.Library of Congress Country Studies Belarus - Prelude to Independence. Library of Congress. Retrieved March 21, 2007. Of the fifteen former Soviet republics, Belarus was the one of latest to create and pass a new constitution subsequent to the dissolution of the USSR. A delay occurred due to debates among Supreme Council deputies, who were also trying to stave off the opposition and democratic forces who wanted to close the Supreme Council down for good.Virtual Guide to Belarus. Belarus Politics . Retrieved July 11, 2007. A power struggle to determine the relationship between the new executive branch and the legislature caused much of the debate in 1992 and 1993. The former chairman of the Supreme Council, Stanislau Shushkevich, criticized the early drafts due to the amount of power granted to the president. The opposition Belarusian Popular Front criticized the final drafts due to the lack of balance between the two parties and for allowing Vyachaslau Kebich to run for presidential elections in June of that year despite serving in the same role with the SSR.
When drafting the Belarus Constitution, the Supreme Council deputies were influenced by the constitutions of various countries, including Austria, Belgium, Denmark, France, Germany, Italy, Sweden, and the United States. Internally, the Constitution was influenced by the period of Soviet domination and a desire to bring back traditions brushed aside by the Soviet Government.Belarus Telegraphy Agency. Belarus Constitution Day celebrated today . Published March 15, 2007. Retrieved March 28, 2007. The structure of the Constitution is similar to the Russian Federation: for example, the office of the President has powers analogous to those granted to the President of Russia. Overall, the Constitution sought to preserve the statehood of Belarus from pro-Russian unity movements, provide a strong head of state that could cure the ailments Belarus would endure in the post-Soviet era, and lay out a compromise between the political factions in Belarus.
Content The constitution is divided in the following way.
Preamble In the preamble of the Constitution, Belarus assumes the responsibility for its destiny as a member of the international community. To execute this responsibility, the government undertakes to show "adherence to values common to all mankind, founding ourselves on our inalienable right to self-determination," which is "supported by the centuries-long history of development of Belarusian statehood." Belarus also pledges to honor the rights and freedoms of its citizens and to maintain a stable government that is run by the people and based on the rule of law.Preamble of the Constitution. Published 1994, amended in 1996
Section One: Principles of the Constitutional System Section One is composed of articles 1 to 20. They prescribe a sovereign, multi-party representative democracy, run by the people of Belarus, that forms its own foreign policy. Section One also establishes that the state protects the rights and freedoms of its citizens, but contains the proviso that a citizen of Belarus "bears a responsibility towards the State to discharge unwaveringly the duties imposed upon him by the Constitution." Article 4 establishes that democracy "is realized on the basis of the ideology of the Belarusian statehood", which is unusual provision compared to the constitutions of other post-Soviet countries, that prohibit state ideologies.
The government itself has a system of checks and balances for each branch of the government, but all of the branches are to be independent from influence from the other branches. The government is authorized to pass laws conforming with the provisions of the Constitution, by which it is expected to abide. If the laws do not conform with the Constitution, then they can be declared void. The laws themselves are subject to international law and Belarus is willing to "recognize the supremacy of the universally acknowledged principles of international law and ensure that its laws comply with such principles."
The territory of Belarus is divided into discrete regions, called oblasts. The oblasts are further divided into districts which are in turn subdivided into cities. The Constitution also allows for special regions to be created, which are to be controlled by legislation. Citizens of Belarus are also promised protection and sponsorship, regardless of whether they are inside Belarusian borders or in a foreign country. With some exceptions, those who do not have a nationality and foreigners are, under the Constitution, granted the same status and rights as citizens of Belarus. Belarus also has the power to grant asylum to those who have been subject to persecution due to their ethnic background, political ideology or religious affiliation.
The Constitution also establishes Belarusian and Russian as the official languages of the country, pledges neutrality and non-nuclear proliferation, adopts national symbols, and establishes Minsk as the capital (Minsk was previously the capital of the Byelorussian Soviet Socialist Republic).
Section Two: The Individual, Society and the State Section Two describes rights the government grants to citizens. According to the document, providing and protecting these basic rights, which include the "right to a dignified standard of living, including appropriate food, clothing, housing and likewise a continuous improvement of necessary living conditions", is the top priority of the government. These rights are granted to all citizens of Belarus and every Belarusian is to be treated equally under Belarusian law. However, these rights can be removed for national security reasons or if Belarus is under a state of emergency. No one is allowed to "enjoy advantages and privileges that are contrary to the law." A state of emergency, which can be called by the President of Belarus according to Article 84, has to be approved by the Council of the Republic within three days of its announcement, according to Article 98.