Supreme law of Belarus
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 146 articles.
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. Belarus continued to use this constitution until it – along with Russia, Ukraine, and the Transcaucasus – signed a treaty to form the Soviet Union. 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.
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.
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. 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. Every year since 1994, March 15 has been commemorated in Belarus as Constitution Day, a national holiday.
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. 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. 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. 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.
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.
The Constitution provides that life is a right and that the government will protect the lives of its citizens against other citizens who wish to harm them or their property. The Constitution also allows for the death penalty to be exercised for 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 themselves 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: Electoral System. Referendum.
Section Three is divided into two chapters dealing with the organization and running of elections. The first chapter deals with the Belarusian electoral system and the second chapter details the organization of national referendums.
In Belarus, the right to vote in elections and plebiscites is extended to those who are above the age of eighteen. During elections and plebiscites, a citizen can vote or not vote without any consequences from the government. The Constitution describes two methods of preventing a citizen from voting. First, a court can issue an order stating that the citizen does not have the mental capacity to understand and to cast a ballot. Second, a person being held in detention or confined in a prison during an election cannot cast a ballot. The Constitution says nothing about the voting rights of those who have served their prison terms, nor does it state how those citizens gain the rights back.
National referendums, or plebiscites, are elections whereby citizens can determine whether a specific legal text can become official law or not. For this to take place, one of the following conditions must be met: The president wishes to hold one, both houses of the National Assembly request to hold one, or the citizens petition for it. If the National Assembly calls for a plebiscite, a majority is needed in both chambers for it to be official. If the citizens request a plebiscite, they must gather 430,000 signatures from eligible voters across the country. Additionally, over 30,000 people from each region must sign the petition, including the capital Minsk. Once either condition is met, the president must issue a decree setting the date of the national plebiscite. The plebiscite must take place less than three months after the decree was signed. Local cities can hold their own plebiscites if ten percent of the local population ask for it.
Section Four: The President, Parliament, Government, the Courts.
Section Four, which is divided into four chapters, outlines 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. Although elected by the Belarusian people, the president must not be a member of a political party when he or she assumes office. The Constitution also lists official duties for various posts, such as the president being the commander-in-chief of the Belarusian Armed Forces. The section also describes procedures for situations where the president cannot continue duties or if the president dies in office.
Chapter Four lists the powers and duties of the Parliament of Belarus, which is called the National Assembly. The National Assembly itself is divided into two houses: the lower House of Representatives and the upper Council of the Republic. While each house