Section IV:The President, Parliament,Government, the Courts
Section IV: The President, Parliament, Government, the Courts
CHAPTER 3
The President of the Republic of Belarus
Article 79. The President of the Republic of Belarus shall be the Head of State, the guarantor of the Constitution of the Republic of Belarus, the rights and liberties of man and citizen.
The President shall personify the unity of the nation, the implementation of the main guidelines of the domestic and foreign policy, shall represent the State in the relations with other states and international organizations. The President shall provide the protection of the sovereignty of the Republic of Belarus, its national security and territorial integrity, shall ensure its political and economic stability, continuity and interaction of bodies of state power, shall maintain the intermediation among the bodies of state power.
The President shall enjoy immunity, and his honour and dignity shall be protected by the law.
Article 80. Any citizen of the Republic of Belarus by birth at least 35 years of age who is eligible to vote and has been resident in the Republic of Belarus for at least ten years to the elections may be elected President.
Article 81. The President shall be elected directly by the people of the Republic of Belarus for a term of office of five years by universal, free, equal, direct and secret ballot.
Presidential candidates shall be nominated by citizens of the Republic of Belarus where the signatures of no less than 100,000 voters have been collected.
Presidential elections shall be called by the House of Representatives no later than five months and shall be conducted no later than two months prior to the expire of the term of office of the previous President.
Where the office of the President becomes vacant, elections shall be held no sooner than 30 days and no later than 70 days, from the day on which the office fell vacant.
Article 82. The elections shall be deemed to have taken place where over half the citizens of the Republic of Belarus on the electoral roll have taken part in the poll.
The President shall be deemed elected where over half the citizens of the Republic of Belarus who took part in the poll voted for him.
Where no candidate polls the requisite number of votes, within two weeks a second round of voting shall be conducted between the two candidates who obtained the largest number of votes. The presidential candidate who obtains more than half the votes of those who took part in the second poll shall be deemed to be elected.
The procedure governing the conduct of presidential elections shall be determined by the law of the Republic of Belarus.
Article 83. The President shall assume office after taking the following Oath: "Assuming the office of President of the Republic of Belarus, I solemnly swear to faithfully serve the people of the Republic of Belarus, to respect and safeguard the rights and liberties of man and citizen, to abide by and protect the Constitution of the Republic of Belarus, and to discharge strictly and conscientiously the lofty duties that have been bestowed upon me".
The Oath shall be administered in a ceremonial setting attended by members of the House of Representatives and the Council of the Republic, the judges of the Constitutional, Supreme and Economic Courts no later than two months from the day on which the President is elected. The powers of the previous President shall terminate the moment the President-elect takes the Oath.
Article 84. The President of the Republic of Belarus shall:
1) call national referenda;
2) call regular and extraordinary elections to the House of Representatives, the Council of the Republic and local representative bodies;
3) dissolve the chambers of the Parliament to the order and instances determined by the Constitution;
4) appoint six members of the Central Commission of the Republic of Belarus on Elections and National Referenda;
5) form, dissolve and reorganize the Administration of the President of the Republic of Belarus, other bodies of state administration, as well as consultative advisory councils, other bodies attached to the Presidency;
6) appoint the Prime minister of the Republic of Belarus with the consent of the House of Representatives;
7) determine the structure of the Government of the Republic of Belarus, appoint and dismiss the deputy Prime ministers, ministers and other members of the Government, take the decision on the resignation of the Government, or any of its members;
8) appoint with the consent of the Council of the Republic the Chairperson of the Constitutional, Supreme and Economic Courts from among the judges of these courts;
9) appoint with the consent of the Council of the Republic the judges of the Supreme and Economic Courts, Chairperson of the Central Commission of the Republic of Belarus on Elections and National Referenda, the Procurator-General, the Chairperson and members of the Governing Board of the National Bank;
10) appoint six members of the Constitutional Court, and other judges of the Republic of Belarus;
11) dismiss the Chairperson and judges of the Constitutional, Supreme and Economic Courts, the Chairperson of the Central Commission of the Republic of Belarus on Elections and National Referenda, the Procurator-General, the Chair-person and members of the Board of the National Bank to the order and instances determined by the law and to the notification of the Council of the Republic;
12) appoint and dismiss the Chairperson of the State Supervisory Committee;
13) deliver messages to the people of the Republic of Belarus on the state of the nation and on the guidelines of the domestic and foreign policy;
14) deliver annual messages to the Parliament which are not open to discussion at the sittings of the House of Representatives and Council of the Republic; have the right to participate in the sessions of Parliament and its bodies; deliver speeches and addresses to Parliament at any requested time;
15) have the right to chair the meetings of the Government of the Republic of Belarus;
16) appoint leading officials of bodies of state administration and determine their status; appoint official representatives of the President in the Parliament and other officials whose offices are determined by the law, unless otherwise specified in the Constitution;
17) resolve issues regarding the granting of citizenship of the Republic of Belarus, the termination thereof and the granting of asylum;
18) institute state holidays and red-letter days, bestow state awards, ranks and titles;
19) grant pardons to convicted citizens;
20) conduct negotiations and sign international treaties, appoint and recall diplomatic representatives of the Republic of Belarus in foreign countries and at international organizations;
21) receive the credentials and letters of recall of the accredited diplomatic representatives of foreign countries;
22) in the event of a natural disaster, a catastrophe, or unrest involving violence or the threat of violence on the part of a group of persons or organizations that endangers peoples lives and health or jeopardizes the territorial integrity and existence of the State, declare a state of emergency in the territory of the Republic of Belarus or in specific areas thereof and submit the decision to the Council of the Republic for approval within three days;
23) have the right, in instances specified in the law, to defer a strike or suspend it for a period not exceeding three months;
24) sign bills and have the right to the order determined by the Constitution to return it or some of its provisions with the objections to the House of Representatives;
25) have the right to abolish acts of the Government;
26) exercise supervision directly or through specially formed bodies of observance of laws by local organs of administration or self-government and have the right to suspend decisions of local councils of deputies, or abolish decisions of local executive and administrative bodies where they do not conform to the requirements of the law;
27) form and head the Security Council of the Republic of Belarus, and appoint and dismiss the State Secretary of the Security Council;
28) be the Commander-in-Chief of the Armed Forces of the Republic of Belarus; appoint and dismiss the Supreme Command of the Armed Forces;
29) impose, in the event of military threat or attack, martial law in the territory of the Republic of Belarus and announce general or partial mobilization with the submission within 3 days of the taken decision for approval of the Council of the Republic;
30) exercise other powers entrusted to him by the Constitution and the laws.
Article 85. The President shall issue decrees and orders on the basis and in accordance with the Constitution which are mandatory in the territory of the Republic of Belarus.
In instances determined by the Constitution, the President shall issue decrees which have the force of the law. The President shall ensure directly or through specially formed bodies the execution of the decrees, orders and instructions.
Article 86. The President may not hold other offices or receive any monetary remuneration other than his salary, apart from royalties for works of science, literature and art.
The President shall suspend his membership of political parties and other public associations that pursue political goals during the whole term in office.
Article 87. The President may tender his resignation at any time. The President's resignation shall be accepted by the House of Representatives.
Article 88. The President of the Republic of Belarus may be prematurely removed from office where he is persistently incapable to discharge his duties on account of the state of his health. The issue of removing the President shall be taken by a resolution of the House of Representatives adopted by a majority of no less than two-thirds of the elected deputies as determined by the Constitution and a majority of no less than two-thirds of the full composition as determined by the Constitution of the Council of the Republic on the basis of the findings of an ad hoc Commission formed by the Chambers of the Parliament.
The President may be removed from office for acts of state treason and other grave crimes. The decision to file a charge against the President shall be supported by a majority of the whole House of Representatives on behalf of no less than one-third of the number of deputies. The investigation of the charge shall be exercised by the Council of the Republic. The President shall be deemed to be removed from office if the decision is adopted by no less than two-thirds of the full composition of the Council of the Republic, and no less than two-thirds of the full House of Representatives.
The failure of the Council of the Republic and House of Representatives to take a decision to remove the President from office within a month since it was initiated shall make the move invalid. The move to remove the President from office may not be initiated in accordance with the provision of the Constitution in the course of the hearings on the premature termination of the powers of Parliament.
Where the President is removed in connection with the commission of a crime, the case shall be examined on the merits of the charge by the Supreme Court.
Article 89. Whether the office of President falls vacant or the President is unable to discharge his duties to the order as determined by the Constitution, his power shall be transferred to the Prime Minister until the President-elect is sworn in.
CHAPTER 4
PARLIAMENT - THE NATIONAL ASSEMBLY
Article 90. The Parliament - the National Assembly is a representative and legislative body of the Republic of Belarus.
The Parliament shall consist of two chambers - the House of Representatives and the Council of the Republic.
Article 91. The House of Representatives shall consist of 110 deputies. The election of deputies to the House of Representatives shall be carried out in accordance with the law on the basis of universal, equal, free, direct electoral suffrage and by secret ballot.
The Council of the Republic shall be a chamber of territorial representation. The Council of the Republic shall consist of eight deputies from every region (oblast) and the city of Minsk, elected at the meetings of deputies of local Councils of deputies of base level of every region (oblast) and the city of Minsk from their ranks. Eight members of the Council of the Republic shall be appointed by the President of the Republic of Belarus.
Elections for a new composition of the chambers of Parliament shall be set no later than four months and held no later than 30 days prior to the expire of the powers of the current Parliament.
Extraordinary elections for the chambers of the Parliament shall be held within three months since the premature expire of the powers of the chambers of the Parliament.
Article 92. Any citizen of the Republic of Belarus who has reached the age of 21 may become a deputy of the House of Representatives.
Any citizen of the Republic of Belarus who has reached the age of 30, and who has been resident on the territory of a corresponding region (oblast), or the city of Minsk no less than five years may become a member of the Council of the Republic.
A deputy of the House of Representatives shall exercise one's powers in the Parliament on a professional basis unless otherwise is determined by the Constitution. A deputy of the House of Representatives may simultaneously be member of the Government.
No person may be simultaneously a member of both chambers of the Parliament. A member of the House of Representatives may not be a member of a local Council of deputies. A member of the Council of the Republic may not be simultaneously a member of the Government. No person may exercise one's duties as a member of the House of Representatives, or member of the Council of the Republic and simultaneously hold the office of President or ajudge.
Article 93. The term of the Parliament shall be four years. The powers of the Parliament may be extended by law only in the event of a war.
The first session of Parliament after the elections shall be called by the Central Commission on Elections and National Referenda and shall be convened no later than 30 days after the elections. The countdown of the thirty day period for calling and beginning of the first session of the House of Representatives shall start from the day of the second round of elections for the new Parliament. If the second round of elections for the House of Representatives is not held, then the countdown of the thirty day period shall start from the day of the first round of general elections in the Republic of Belarus. The countdown of the thirty day period for calling and convening the first session of the Council of the Republic shall start from the day of the first meeting of the deputies of the local Councils of deputies of base level for the elections of the members of the Council of the Republic from the regions (oblasts) or the city of Minsk.
The powers of the House of Representatives or the Council of the Republic may be terminated prematurely to the order as determined by the Constitution. With the termination of the powers of the House of Representatives or the Council of the Republic, the President may take the decision to terminate the powers of the House of Representatives or the Council of the Republic consequently.
Article 94. The powers of the House of Representatives may be terminated prematurely where no confidence is expressed or a non-confidence vote is expressed to the Government, or where the House fails twice to give its consent for the appointment of the Prime Minister.
The powers of the House of Representatives or the Council of the Republic may be prematurely terminated in accordance with the conclusion of the Constitutional Court due to systematic and gross violation of the Constitution by the chambers of the Parliament.
The decision to this issue shall be taken by the President after official consultations with the Chairs of the chambers.
The chambers may not be dissolved during a state of emergency or martial law, in the last six months of the term of office of the President, in the course of proceedings of both chambers on the premature removal of the President from office.
Both chambers may not be dissolved in the course of the first year since the first sittings were held.
Article 95. The chambers shall hold their regular sessions twice a year. The first session shall open on 2 October; its duration may not exceed 80 days. The second session shall open on 2 April and its duration may not exceed 90 days.
If 2 October or 2 April is a non-working day, then the session shall begin its proceedings on the first following day after the said non-working day.
The House of Representatives and the Council of the Republic may in instances of urgent necessity be convened for an extraordinary session to the request of the President, or initiative of no less than a two-thirds majority of the full composition of every chamber for a special agenda.
The extraordinary sessions shall be called by the decrees of the President.
Article 96. The House of Representatives shall elect from the ranks of the deputies the Chairperson of the House and the deputy.
The Council of the Republic shall elect from the ranks of senators the Chairperson of the Council of the Republic and the deputy.
The Chairpersons of the House of Representatives and the Council of the Republic, their deputies shall conduct the proceedings and shall be in charge of the regulations of the operation of the chambers.
The House of Representatives and the Council of the Republic shall elect from the ranks of the deputies standing committees and other bodies to draft laws, give preliminary consideration to, and prepare issues that fall within the jurisdiction of the chambers.
Article 97. The House of Representatives shall:
1) consider draft laws put forward by the President or submitted by no less than 150 thousand citizens of the Republic of Belarus, who are eligible to vote, to make amendments and alterations in the Constitution and give its interpretation;
2) consider draft laws, including the guidelines of the domestic and foreign policy of the Republic of Belarus; the military doctrine; ratification and denunciation of international treaties; the fundamental concept and principles of execution of rights, liberties and duties of its citizens; citizenship issues, the status of foreigners and persons without citizenship; the rights of ethnic minorities: the approval of the budget of the republic and the account on its implementation; the introduction of national taxes and dues; the principles of ownership; the basics of social security; the principles regulating labour and employment, marriage, the family, childhood, maternity, paternity, education, upbringing, culture and public health; environmental protection and the rational utilisation of natural resources; determination of the procedure for resolving issues relating to the administrative-territorial structure of the State; local self-government; the administration of justice and the status of judges; issues of criminal responsibility and amnesty; declaration of war and conclusion of peace; martial law and a state of emergency; institution of state awards; interpretation of laws;
3) call elections for the Presidency;
4) grant consent to the President concerning the appointment of the Prime minister;
5) consider the report of the Prime minister on the policy of the Government and approve or reject it; a second rejection by the House of the policy of the Government shall be deemed as an expression of non-confidence to the Government;
6) consider on the initiative of the Prime minister a call for a vote of confidence;
7) on the initiative of no less than one-third of the full composition of the House of Representatives express a non-confidence vote to the Government; the issue of liability of the Government may not be discussed in the course of the year after the approval of the Programme of government policy;
8) accept the resignation of the President;
9) be entitled with a majority of the full composition of the House of Representatives to forward charges of treason or of some other grave crime against the President; on the basis of the decision of the Council of the Republic and with no less than a two-thirds majority of the full composition of the House take the decision to remove the President from office; 10) cancel the order of the Chairperson of the House of Representatives. The House of Representatives may take decisions on other issues which are determined by the Constitution.
Article 98. The Council of the Republic shall:
1) approve or reject draft laws adopted by the House of Representatives with regard to alterations and addenda to the Constitution; and on the interpretation of the Constitution, as well as other draft laws;
2) give its consent for the appointment by the President of the Chairperson of the Constitutional Court, Chairperson and judges of the Supreme Court, the Chairperson and judges of the Supreme Economic Court, the Chairperson of the Central Commission on Elections and National Referenda, the Procurator-General, the Chairperson and members of the National Bank;
3) elect six judges of the Constitutional Court;
4) elect six members of the Central Commission on Elections and National Referenda;
5) reverse decisions of local Councils of deputies which do not conform to legislation;
6) adopt resolution on the dissolution of local Council of deputies where it systematically and flagrantly violates the requirements of the law and other instances determined by the law;
7) consider charges of treason or of some other grave crime forwarded by the House of Representatives against the President and take decision on its investigation. Given the presence of substantial evidence take the decision to remove the President from office with no less than two-thirds of the full composition of the House;
8) consider Presidential decrees on the introduction of a state of emergency, martial law, general or partial mobilisation no later than three days after their submission and take the appropriate decision.
The Council of the Republic may take decisions on other issues determined by the Constitution.
Article 99. The right of legislative initiative shall belong to the President, members of the House of Representatives, Council of the Republic, Government, as well as to citizens who are eligible to vote, in a number of no less than 50,000, and is implemented in the House of Representatives.
Draft laws the adoption of which may reduce state resources, or increase expenditures may be introduced in the House of Representatives only with the consent of the President or to his assignment by the Government.
The President or to his assignment the Government shall have the right to forward proposals in the House of Representatives and Council of the Republic on the urgency of consideration of a draft law. The House of Representatives and Council of the Republic shall consider in the instance the latter in the course of ten days since its submission.
To the request of the President or to his consent the Government, the House of Representatives and Council of the Republic shall take decisions at their sessions voting in general for the whole draft law or a part of it, which was forwarded by the President or Government preserving only those amendments which were forwarded or accepted by the President or Government.
Article 100. Any bill, unless otherwise specified by the Constitution, shall be initially considered in the House of Representatives and then in the Council of the Republic.
A bill, unless otherwise specified in the Constitution, shall become a law after its approval by a majority of votes of the full composition of the House of Representatives and the Council of the Republic.
Bills adopted by the House of Representatives shall be sent to the Council of the Republic for consideration within five days, where they shall be considered within no more than twenty days unless otherwise specified in the Constitution.
A bill shall be deemed to have been approved by the Council of the Republic provided that a majority of votes of the full composition of the Council of the Republic has been cast for it, or if within twenty days, and in instances of urgency within ten days since its submission, the Council of the Republic failed to consider it. If the bill is rejected by the Council of the Republic, both chambers may form a conciliation commission on a parity basis to overcome the existing differences. The text of the bill drafted by the conciliatory commission shall be submitted for approval to both chambers.
If the conciliatory commission fails to draft a compromise bill, the President or on his assignment the Government may request that the House of Representatives take a final decision. The bill shall be deemed to have been adopted by the House of Representatives if no less than two-thirds of its full composition has voted for it.
A bill adopted by the House of Representatives and approved by the Council of the Republic, or in the instance determined by the present article adopted by the House of Representatives shall be submitted to the President for signature within ten days. If the President is in agreement with the bill, he shall sign it. If the President does not return the bill within two weeks since its submission, it shall be deemed to have been signed by the President. The bill shall not be deemed to have been signed and shall be invalid if it failed to be returned to Parliament due to the end of the session.
If the President does not agree with the text of the bill, he shall return it together with his objections to the House of Representatives, which shall consider it with the President's objections within thirty days. If the bill has been adopted by the House of Representatives by no less than two-thirds of its full composition, it together with the President's objections and within five days shall be submitted to the Council of the Republic, which shall consider it for a second hearing within twenty days. The bill shall be deemed to have been approved if no less than two-thirds of the full composition of the Council of the Republic has voted for it. The bill, after the House of Representatives and the Council of the Republic have overrun the President's objections, shall be signed by the President within five days. The bill shall become a law even if it is not signed by the President within the assigned time.
The President's objections to the provisions of the bill, which are returned for a second hearing, shall be considered to the same order. In this instance, prior to the appropriate decision of the House of Representatives and the Council of the Republic the bill shall be signed by the President and become a law without the provisions which have been rejected by the President.
Article 101. To the proposal of the President, the House of Representatives and the Council of the Republic may adopt a law supported by a majority of the full composition of both chambers, delegating to him legislative powers to issue decrees which have the power of a law. The latter shall determine the subject of the issue and the term of the powers of the President to issue such decrees.
There shall be no delegation of powers to the President to issue decrees which provide alterations and addenda to the Constitution and its interpretation; alteration and addendum of policy laws; the approval of the national budget and an account of its implementation alterations with regard to the election of the President and Parliament, limitation of constitutional rights and liberties of the citizens. The law on delegating legislative powers to the President shall not permit him alteration of the said law, nor shall it permit to adopt regulations which are retroactive.
In instances of necessity the President may personally initiate or to the proposal of the Government may issue temporary decrees which have the power of law. If such decrees are issued on the initiative of the Government, they shall be signed by the Prime minister. Temporary decrees shall be submitted for further approval within three days of their adoption to the House of Representatives, and then to the Council of the Republic. These decrees shall be valid if they are not rejected by a majority of no fewer than two-thirds of votes of the full composition of both chambers. The chambers may regulate through legislation issues which have emerged due to decrees, which have been abolished.
Article 102. The deputies of the House of Representatives and members of the Council of the Republic shall enjoy immunity in the expression of their views and execution of their powers. This shall not refer to charges of slander and insult.
During the period they exercise their powers the deputies and the members of Council of the Republic may be arrested or deprived of personal liberty in other manner only with the prior consent of the appropriate chamber with the exception of instances of high treason, or some other grave crime, as well as detention at the site where the crime was committed.
A criminal case involving a deputy of the House of Representatives or a member of the Council of the Republic shall be tried by the Supreme Court.
Article 103. Sittings of the chambers shall be open. The chambers in the instance of state interests, may take the decision to hold a closed session by majority of the full composition of the corresponding chamber. The President, his representatives, the Prime minister and members of the Government shall address the sessions out of turn as many times as they deem it necessary.
One sitting monthly shall be reserved for question time to the Government for the deputies of the Houses of Representatives and members of the Council of the Republic.
A deputy of the House of Representatives, or member of the Council of the Republic shall have the right to make an inquiry to the Prime minister or members of the Government and the heads of state bodies which are formed or elected by Parliament. The inquiry shall be included in the agenda of the chamber. The answer to the inquiry shall be given within twenty days of the current session to the order determined by the chamber of the Parliament.
The sitting of the chamber shall be deemed qualified if no less than two-thirds of the number of elected deputies of the Houses of Representatives or members of the Council of the Republic are present.
Voting in the House of Representatives and Council of the Republic shall be open and exercised by the deputy of the House or member of the Council of the Republic in person by a 'yes' vote or a 'nay' vote. A secret vote shall be held only in the instance of addressing personnel issues.
Article 104. Decisions of the House of Representatives shall be taken by laws or enactments. Enactments of the House of Representatives shall be taken with regard to issues of order and supervision.
The decisions of the Council of the Republic shall be taken in the form of enactments.
The decisions of the chambers shall be deemed to have been adopted by a majority of the full composition of the chambers unless otherwise specified in the Constitution.
Laws with regard to basic guideliness of domestic and foreign policy of the Republic of Belarus and military doctrine thereof shall be considered of policy character and shall be deemed to have been adopted provided that a two-thirds majority of elected deputies of both chambers has voted for them.
The laws shall be published immediately after their signature and shall become valid ten days after their publication unless the law determines another term. The decrees of the President shall come into force to the same order therein.
The law shall have no retrospective action unless it extenuates or revokes the responsibility of citizens.
Article 105. The procedure governing the activities of the House of Representatives, Council of the Republic, the bodies thereof and the deputies and members of the Council of the Republic shall be determined by the Rules of Procedure of the chambers, which shall be signed by the Chairpersons of the chambers.
CHAPTER 5
THE GOVERNMENT - THE COUNCIL OF MINISTERS
OF THE REPUBLIC OF BELARUS
Article 106. Executive power in the Republic of Belarus shall be exercised by the Government - the Council of Ministers of the Republic of Belarus - the central body of state administration.
The Government in its activity shall be accountable to the President of the Republic of Belarus and responsible to the Parliament of the Republic of Belarus.
The Government shall relinquish powers to the President-elect of the Republic of Belarus.
The Government of the Republic of Belarus shall consist of the Prime minister, his deputies and ministers. The heads of other central bodies of state administration may be members of the Government.
The Prime minister shall be appointed by the President of the Republic of Belarus with the consent of the House of Representatives. The decision to this order shall be taken by the House of Representatives within two weeks since the nomination of the candidacy of the Prime minister. If the House of Representatives rejects the submitted nomination of the Prime minister twice, the President shall appoint the acting Prime minister on his own, and dissolve the House of Representatives and call new elections.
The Prime minister shall manage the activities of the Government. The Prime minister shall:
1) manage directly the activities of the Government and hold personal responsibility for its activities;
2) sign the acts of the Government;
3) submit to Parliament a report on the Programme of the Government within two months after his appointment, and in the instance of its rejection submit the second report on the Programme of the Government within two months;
4) inform the President on the basic guidelines of the activities of the Government, and on all the most important decisions;
5) exercise other functions connected with the organization and activities of the Government.
The Government or any member therein shall be entitled to tender the resignation to the President, if he deems it impossible to discharge the duties entrusted to him. The Government shall tender its resignation to the President if the House of Representatives has passed a vote of no confidence to the Government.
The Prime minister may request from the House of Representatives a vote of confidence with regard to the governmental Programme or any other issue submitted to the House. If a non-confidence vote is passed by the House of Representatives, the President shall be entitled to accept the resignation of the Government, or dissolve the House of Representatives within ten days, and call on holding new elections. If the resignation of the Government is rejected the latter shall continue to discharge its duties.
The President shall be entitled to take the decision on the resignation of the Government on his own initiative, and dismiss any member of the Government.
In the instance of the resignation of the Government of the Republic of Belarus or termination of its powers, the latter on the assignment of the President shall continue to hold office until a new Government shall have been formed.
Article 107. The Government of the Republic of Belarus shall: • administer the system of subordinate bodies of state administration and other executive organs;
elaborate the basic guidelines of the domestic and foreign policy, and take measures to its implementation;
elaborate and submit to the President for further parliamentary consideration the draft national budget and an account of its implementation;
ensure the execution of a uniform economic, financial, credit and monetary policy, and state policy in the field of science, culture, education, health care, ecology, social security and remuneration for labour;
take measures to secure the rights and liberties of citizens, safeguard the interests of the state, national security and defence, protection of property, maintain public order and eliminate crime;
act on behalf of property owner with regard to assets which are the sole property of the Republic of Belarus, and exercise management of state property;
ensure the implementation of the Constitution, the laws, decrees, edicts and instructions of the President;
repeal acts of ministries and other central bodies of state administration; exercise other powers entrusted to him by the Constitution, laws and acts of the President.
Article 108. The Government of the Republic of Belarus shall issue acts, that have binding force in the entire territory of the Republic of Belarus. The Prime minister shall issue orders which are under his jurisdiction. The competence of the Government and the procedure governing its activities shall be determined on the basis of the Constitution and the Law on the Council of Ministers of the Republic of Belarus.
CHAPTER 6
THE COURTS
Article 109. The courts shall exercise judicial power in the Republic of Belarus. The judicial system shall be based upon the principles of territorial delineation and specialization.
The judicial system in the Republic of Belarus shall be determined by the law. The formation of special courts shall be prohibited.
Article 110. In administering justice judges shall be independent and subordinate to law alone.
Any interference injudges' activities in the administration of justice shall be impermissible and liable to legal action.
Article 111. Judges may not engage in business activities or perform any paid work, apart from teaching and scientific research.
The grounds for electing (appointing) judges and their dismissal shall be determined by the law.
Article 112. The courts shall administer justice on the basis of the Constitution, the laws and other enforceable enactments adopted in accordance therewith.
If, during the hearing of a specific case, a court concludes that an enforceable enactment is contrary to the Constitution, it shall make a ruling in accordance with the Constitution and raise, under the established procedure, the issue of whether the enforceable enactment in question should be deemed unconstitutional.
Article 113. Cases before a court shall be tried collegially, and in the instances specified in law, by judges individually.
Article 114. The trial of cases in all courts shall be open. The hearing of cases in closed court session shall be permitted only in the instances specified in law and in accordance with all the rules of legal procedure.
Article 115. Justice shall be administered on the basis of the adversarial proceedings and equality of the parties involved in the trial. The rulings of courts are mandatory for all citizens and officials.
The parties and the persons have the right to appeal rulings, sentences and other judicial decisions.
Article 116. Supervision of the constitutionality of enforceable enactments of the state shall be exercised by the Constitutional Court of the Republic of Belarus.
The Constitutional Court of the Republic of Belarus shall be formed of 12 judges from among highly qualified specialists in the field of law, who as a rule have a scientific degree.
Six Judges of the Constitutional Court shall be appointed by the President of the Republic of Belarus and six elected by the Council of the Republic. The Chairperson of the Constitutional Court shall be appointed by the President with the consent of the Council of the Republic. The term of the members of the Constitutional Court shall be 11 years, and the permissible age limit shall be 70 years.
The Constitutional Court on the recommendations of the President of the Republic of Belarus, the House of Representatives, the Council of the Republic, the Supreme Court of the Republic of Belarus, the Supreme Economic Court of the Republic of Belarus, the Cabinet of Ministers of the Republic of Belarus shall produce a ruling on:
the conformity of laws, decrees and edicts of the President, international agreements and other obligations of the Republic of Belarus to the Constitution and other instruments of international law ratified by the Republic of Belarus;
the conformity of instruments of interstate formations of which the Republic of Belarus is part, edicts of the President of the Republic of Belarus which are issued to the execution of the law, the Constitution, the laws, decrees and instruments of international law ratified by the Republic of Belarus;
the conformity of the ordinances of the Council of Ministers and orders of the Supreme Court, the Supreme Economic Court, Procurator-General to the Constitution, laws and instruments of international law ratified by the Republic of Belarus, laws, decrees and edicts;
the conformity of enactments of any other state body to the Constitution, laws and decrees as well as to the laws and instruments of international law ratified by the Republic of Belarus.
Enforceable enactments or their particular provisions which are considered unconstitutional shall be deemed invalid to the order determined by the law.
In instances specified by the Constitution, the Constitutional Court with regard to the proposal of the President shall give its conclusion on the presence of instances of systematic or flagrant violation of the Constitution of the Republic of Belarus by the chambers of Parliament.
The competence, organization and procedure governing the activities of the Constitutional Court shall be determined by the law.
