2.2. National level of the political system

2.2.1. Organs at national level. Their functions and tasks

The President of the Republic of Belarus

The President of the Republic of Belarus is the Head of State, the guarantor of the Constitution of the Republic of Belarus, the rights and liberties of man and citizen.
The President personifies the unity of the nation, the implementation of the main guidelines of the domestic and foreign policy, represents the State in the relations with other states and international organizations.
The President provides the protection of the sovereignty of the Republic of Belarus, its national security and territorial integrity, ensures its political and economic stability, continuity and interaction of bodies of state power, maintains the intermediation among the bodies of state power. He acts as an arbiter between different political forces, that facilitates resolution of disputes between them. The President does not belong to any of political parties.
The President can 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 can issue decrees which have the force of the law. The President ensures directly or through specially formed bodies the execution of the decrees, orders and instructions.
The President suspends his membership of political parties and other public associations that pursue political goals during the whole term in office.
The President is to be elected directly by the people of the Republic of Belarus for a term of office of 5 years by universal, free, equal, direct and secret ballot.
The President is to be deemed elected where over half the citizens of Belarus who took part in the poll voted for him.
Any citizen of the Republic of Belarus by birth at least 35 years of age who is eligible to vote and has been resident of the country for at least 10 years to the elections may be elected as President.

Parliament- the National Assembly

The Parliament - the National Assembly is representative and legislative body of the Republic of Belarus. The Parliament consists of two chambers - the House of Representatives and the Council of the Republic.
The principal of self-organizing for National Assembly chambers is fixed in the Constitution. Each chamber defines the procedure of work within the framework of adopted order. Chambers have their sittings separately excluding special cases for joint sittings. There is no common body of Chambers. The only one temporary common body which can be created is conciliation commission formed on parity basis to negotiate controversion between chambers on bill disposed by the Council of the Republic.
The term of the Parliament is 4 years. The powers of the Parliament may be extended by law only in the event of a war.

The House of Representatives consists of 110 deputies. The election of deputies to the House of Representatives is to be carried out in accordance with the law on the basis of universal, equal, free, direct electoral suffrage and by secret ballot.
Any citizen of the Republic of Belarus who has reached the age of 21 may become a deputy of the House of Representatives.
A deputy of the House of Representatives exercise his/her power in the Parliament on a professional basis. A deputy of the House of Representatives may simultaneously be a member of the Government. (www.house.gov.by )

The Council of the Republic is a chamber of territorial representation. The Council of the Republic consists of 64 deputies. The procedure of forming the Council of the Republic combines elements of election and appointment. Eight members are appointed by the President and the remaining members are elected by secret vote: eight members are elected from each of the country's region and Minsk City at sessions of local Councils of Deputies of the basic level. Any citizen 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 5 years may become a member of the Council of the Republic.(www.sovrep.gov.by )
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 adjudge.
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.

Courts

Constitutional Court of the Republic of Belarus

In Belarus institute of constitutional control has been established in 1994 on the grounds of the Constitution and the Law "On the Constitutional Court of the Republic of Belarus" (1994). Procedure of the activities of the Constitutional Court is specified by the Rules of Procedure of the Constitutional Court of the Republic of Belarus adopted in 1997.
In accordance with Constitution the Constitutional Court is to be formed in composition of 12 judges from among high qualified specialists in the field of law who have, as a rule, scientific degree.
6 judges are to be appointed by the President and 6 judges are to be elected by the Council of the Republic of the Parliament. The Chairperson of the Constitutional Court is to be appointed from among the judges by the President with the consent of the Council of the Republic. The term of office of the judges - 11 years and under the law it is possible to be in office for a new term.
The key activities of the Constitutional Court are the issues concerning securing of the rights and freedoms of citizens enshrined in the Constitution of the Republic of Belarus and in international acts. Decisions of the Constitutional Court are directed to securing of the rights of citizens to judicial protection by way of appeal for the protection to the competent, independent and impartial court of law, the right to legal aid, equality of all forms of ownership, protection of the rights of subjects of entrepreneur activities as regards taxation, creation of equal conditions for legal entities of governmental and non-governmental forms of ownership, right to housing, freedom of movement and choice of place of residence, right to labour, right to education, right to public health protection etc.
The Constitutional Court exercises control over the constitutionality of the enforceable enactments in the state. It institutes and examines cases on the recommendations of the President, and the Parliament, the Supreme Court, the Supreme Economic Court, the Council of Ministers of the Republic of Belarus. Moreover, in instances specified by the Constitution, the Constitutional Court with regard to the proposal of the President gives its conclusion on the presence of instances of systematic or flagrant violation of the Constitution by the Chambers of the Parliament.
Judgments and decisions of the Constitutional Court are final and subject to no appeal or protest. (www.ncpi.gov.by/ConstSud )

The Supreme Court of the Republic of Belarus

The Supreme Court carries out justice and supervision of activity of general courts of the republic. It is the highest-tier court inside of Belarus and acts as the final "court of review." Its' general tasks include the oversight of lower-tier courts and can render justice in areas of general civil and criminal law. The judges to the Supreme Court are appointed by the president.
The law "About Court System and Judges Status in the Republic of Belarus" (1995) regulates activity of the Supreme Court and

  • Regional Court
  • Minsk Municipal Court
  • Municipal District Court
  • Court Martial

Court's powers:

  • considering civil cases and sentencing;
  • cases considering in cassation and surveillance order;
  • re-considering of writs on newly opened circumstances;
  • considering the questions connected with decrees execution;
  • other.


The Supreme Economic Court of the Republic of Belarus. The Economic Courts of the Republic of Belarus

The Economic Courts in the Republic of Belarus are the bodies of court power and enforce justice in the field of economic relations.

The Economic Courts have been charged with the following tasks:

  • protection of rights and law-guarded interests of organizations and citizens through enforcement of justice;
  • correct and uniform application of legislation when enforcing justice;
  • strengthening the law and prevention of offenses in the sphere of entrepreneurial and other economic activities.

 

The Economic Courts are state bodies and make a part of the court system of the Republic of Belarus. The Economic Courts are addressed by legal entities and individuals, including the foreign ones, and in certain cases by organizations who are not legal entities, for protection of their rights and law-guarded interests.
The Republic of Belarus has a united system of Economic Courts built on territorial principle. The system comprises 8 Economic Courts and is headed by the Supreme Economic Court of the Republic of Belarus. The latter is responsible for fulfillment of tasks charged on Economic Courts, as well as for organization, status and improvement of operation of all Economic Courts of the Republic.(www.court.by ).