| Constitution Of Belarus |
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The ''' to organize the government and to establish the rights and freedoms of Belarus' citizens. Originally created in 1994 , the constitution was amended twice in 1996 and in 2004 . Both of the amendments occurred during the reign of Alexander Lukashenko , who has been accused by the United States , the European Union and Human Rights Watchdog groups of limiting basic freedoms granted by the constitution. PREAMBLE The preamble, which is a statement of the goal or purpose of the document, states that Belarus strives to be a member of the international community. To be able to achieve that goal, Belarus will 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 state-hood."'' Belarus also pledged to honor the rights and freedoms of its citizens and to maintain a stable government that is run by the people based on the rule of law. SECTION ONE Section One of the constitution sets up the governmental framework and establishes that the government is run by the people of Belarus. The government, which has been declared a multi-party representative democracy, would form its own foreign policy and is willing to defend these rights when necessary. This section also established that the state will protect 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."'' 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, which it is expected to abide by, and which shall conform with the provisions of the Constitution. If the laws, thus passed, 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 land area 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 special exceptions, those who do not have a nationality and foreigners are granted equal status 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 the capital city of Belarus as Minsk (Minsk was previously the capital city of the Belarusian Soviet Socialist Republic ). SECTION TWO Section two deals with rights that are granted to the citizens by the government. 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" and protecting them will be the top goal of the government. These rights are granted to all citizens of Belarus, regardless of any factor, and everyone will be treated the same under Belarusian law. However, these rights can be removed if Belarus is under a state of emergency or for national security reasons and no one is allowed to "enjoy advantages and privileges that are contrary to the law." The constitution provides that life is a right granted by the state and that the government will protect the lives of its citizens against other citizens who wish to perform harm to them or their property. The constitution also allows for the Death Penalty to be exercised in capital cases (grave crimes), but only in accordance with national law. If citizens are arrested, they are granted due process of law and do not have to testify against themsleves, or their family members. Citizens are also given the right to vote, housing, compensation for their share of work, and have the ability to move wherever they wish inside Belarus and have the right to protest against the government. SECTION THREE Section three is divided in two sub sections called chapters. While the entire section deals with the election processes in Belarus, chapter one focuses on the Belarusian electoral system and the second chapter details the organization of national referendums. SECTION FOUR Section four, which is divided into four chapters, deals with the functions of the Belarusian Government , mainly the President of the Republic of Belarus, the Council Of Ministers , the Parliament Of Belarus and the courts. This article mainly deals with what the president can and cannot do. While he is elected by the Belarusian people, the president must not be partisan when he or she assumes office. Official duties are also listed in the Constitution, such as the president being the Commander in Chief of the Belarusian Armed Forces. The section also deals with situations where the president cannot continue his duties or if they die in office. The Parliament of Belarus, which is called the National Assembly, has their powers and duties listed in Chapter 4. The National Assembly itself is divided into two houses, the lower House of Representatives and the upper Council of the Republic. While each section has their own rules on how to become a member of each house, they decide on the various bills that could become Belarusian law and also approve the nominations of cabinet heads that are chosen by the President. The Council of Ministers of the Republic of Belarus is the body of officials that are heads of various ministries of the Belarusian government. Each member is appointed by the President, but they are approved by the National Assembly, and stay on until their time as a minister is over or the president has been replaced. The council is headed by the Prime Minister . The Constitutional Court of the Republic of Belarus is the highest court in Belarus. While other courts deal with issues of civil or criminal matter, the Constitutional Court deals with matters involving the Constitution and the legality of certain laws passed by the Government. The court has the powers to declare any law unconstitutional. SECTION FIVE Section five permits the formation of local governments. Local governments are selected by the local population and they have the power to administer local affairs, such as budgets, social services, economic development and collect taxes. The heads of the local governments can also be appointed and dismissed by the president. EXTERNAL LINKS |
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