View source for Constitution of Belarus

{{Short description|Supreme law of Belarus}}
{{Infobox constitution
|document_name = Constitution of the Republic of Belarus
|image = Constitution of Belarus.jpg
|caption=A pamphlet version of the Constitution distributed to citizens by the government. The document's name is given in [[Belarusian language|Belarusian]], followed by Russian.
|title_orig = Канстытуцыя Рэспублікі Беларусь
|orig_lang_code = be
|jurisdiction = [[Belarus|Republic of Belarus]]
|date_created = 15 March 1994
|system = [[Unitary state|Unitary]] [[Presidential system|presidential republic]]
|branches = 3
|federalism = Unitary
|head_of_state = [[President of Belarus|President]]
|chambers = [[Bicameralism|Bicameral]] ([[National Assembly of the Republic of Belarus|National Assembly]]: [[Council of the Republic (Belarus)|Council of the Republic]], [[House of Representatives (Belarus)|House of Representatives]])
|executive = [[Government of Belarus|Cabinet of Ministers]]
|courts = [[Supreme Court of Belarus|Supreme Court]]<br>[[Constitutional Court of Belarus|Constitutional Court]]<br>and [[Ministry of Justice (Belarus)|others]]
|date_legislature     = [[2000 Belarusian parliamentary election|15 October 2000]]
| number_amendments    = 3
| date_last_amended    = 15 March 2022
| location_of_document =
| commissioned         = 
| writer               = 
| signers              = [[Myechyslaw Hryb]], the [[Supreme Council of Belarus|Supreme Council]], and the [[Belarusian nationality law|citizens of Belarus]]
| media_type           =
|supersedes = [[1978 Constitution of the Byelorussian Soviet Spcialist Republic|1978 Constitution of the Byelorussian SSR]]
|wikisource = Constitution of Belarus
}}
The '''Constitution of the Republic of Belarus''' ({{langx|be|Канстытуцыя Рэспублікі Беларусь}}; {{langx|ru|Конституция Республики Беларусь}}) is the supreme basic [[law]] of [[Belarus]].<ref name="constitution-legalportal">{{citation|url=http://law.by/document/?guid=3871&p0=V19402875e|title=CONSTITUTION OF THE REPUBLIC OF BELARUS OF 1994 (with changes and additions adopted at the republican referenda of November 24, 1996* and of October 17, 2004)|access-date=2021-06-08|publisher=The National Legal Internet Portal of the Republic of Belarus}}</ref> The Constitution is composed of a [[preamble]] and nine sections divided into 148 articles.<ref>[[BelTA]]. [http://www.belta.by/ru/info?id=78573 March 15 - Day of Constitution (of the) Republic of Belarus] {{webarchive|url=https://web.archive.org/web/20070607184243/http://www.belta.by/ru/info?id=78573 |date=2007-06-07 }}. Published March 13, 2007. Retrieved July 11, 2007. {{in lang|ru}}</ref>

Adopted in 1994, three years after the country [[History of the Soviet Union (1985–1991)|declared its independence]] from the [[Soviet Union]], this formal document establishes the framework of the Belarusian state and [[Government of Belarus|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 [[judicial independence|judiciary is independent]] in Belarus, highlighting the consolidation of power by the current president.<ref name="lukashuk">{{cite journal|title=Yesterday as Tomorrow: Why It Works in Belarus|journal=Eastern Europe Constitutional Review|year=1998|first=Alexander|last=Lukashuk|volume=7|issue=3|url=http://www.law.nyu.edu/eecr/vol7num3/special/belarus.html|access-date=2008-03-16|url-status=dead|archive-url=https://web.archive.org/web/20080518115311/http://www.law.nyu.edu/eecr/vol7num3/special/belarus.html|archive-date=2008-05-18}}</ref><ref>{{cite book|author=Burkhardt F.|year=2016|chapter=Belarus|editor1=Fruhstorfer A.|editor2=Hein M.|title=Constitutional Politics in Central and Eastern Europe.|pages=463–493|publisher=Vergleichende Politikwissenschaft. Springer VS|doi=10.1007/978-3-658-13762-5_19|isbn=978-3-658-13761-8}}</ref><ref>{{cite report|url=https://digitallibrary.un.org/record/436165?ln=en|title=Report of the Special Rapporteur on the Independence of Judges and Lawyers, Dato' Param Cumaraswamy, submitted in accordance with Commission resolution 2000/42|year=2001|author=Cumaraswamy, Dato' Param|publisher=United Nations}}</ref>

The constitution was drafted by the [[Supreme Council of Belarus]], the former legislative body of the country and is heavily influenced by [[Western world|Western]] constitutions. The constitution has been amended thrice under controversial circumstances since the original adoption, in 1996, in 2004 and in 2022. Two [[referendum]]s that were disputed by independent observers and government opposition leaders increased the power of the [[President of Belarus|presidency]] over the government and eliminated the [[term limit]]s for the presidency.

== History ==
{{Politics of Belarus}}
The [[Belarusian Democratic Republic]] adopted its first temporary constitution several months after declaring independence from the [[Russian Empire]], on October 11, 1918.<ref>{{Cite web |url=http://inbelhist.org/12-fakta%D1%9E-pra-bnr/ |title=12 фактаў пра БНР |access-date=2016-03-19 |archive-url=https://web.archive.org/web/20180526163959/http://inbelhist.org/12-fakta%D1%9E-pra-bnr/ |archive-date=2018-05-26 |url-status=dead }}</ref> In 1919, after the occupation of the country by the Russian Bolsheviks, Belarus became a [[Republics of the Soviet Union|Soviet Republic (USSR)]], and a new constitution was adopted.<ref name="houseby">House of Representatives of the Republic of Belarus [http://house.gov.by/index.php/,87,,,,0,0,0.html History of Constitutionalism in Belarus] {{webarchive|url=https://web.archive.org/web/20070403051729/http://house.gov.by/index.php/,87,,,,0,0,0.html |date=2007-04-03 }}. Retrieved March 25, 2007. {{in lang|ru}}</ref> Belarus continued to use this constitution until it – along with Russia, [[Ukraine]], and the [[Transcaucasus]] – signed a treaty to form the [[Soviet Union]].<ref>British Broadcasting Corporation [http://news.bbc.co.uk/1/hi/world/europe/1112551.stm Timeline of the Soviet Union]. Published March 2006. Retrieved June 5, 2007.</ref> Now the [[Byelorussian Soviet Socialist Republic]] (Byelorussian SSR), the country adopted its first Soviet-era constitution in 1927, complementing the recently adopted [[Constitution of the Soviet Union|Soviet Constitution]].<ref name="houseby"/> After a re-adoption in 1937, the Byelorussian SSR adopted its last Soviet-era constitution in 1978,<ref name="houseby"/> mainly to reflect changes made in the 1977 Soviet Constitution.<ref>Kremlin.ru [http://www.kremlin.ru/eng/articles/ConstHistory.shtml The Constitutional Process in Russia] {{webarchive|url=https://web.archive.org/web/20070810142234/http://kremlin.ru/eng/articles/ConstHistory.shtml |date=2007-08-10 }}. Retrieved June 5, 2007.</ref>

===Modern constitution===
[[File:Constitution of Belarus 1994 1.jpg|thumb|right|The front page of the 1994 Constitution of Belarus with the [[National_emblem_of_Belarus#Pahonia|Pahonia]] symbolism.]] 
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.<ref name="houseby"/><ref>per article 12 of the [http://soveticus5.narod.ru/85/sborn91.htm#p167 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 [[Declaration of State Sovereignty of the Russian Soviet Federative Socialist Republic|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 [[Declaration of State Sovereignty of Ukraine|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.</ref>

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.<ref name="gonec">{{cite book | last = Gönenç | first = Levent | title = Prospects for Constitutionalism in Post-Communist Countries | publisher = Martinus Nijhoff | date = 2002-06-18 | location = Turkey | pages = 190–191 | url = https://books.google.com/books?id=VVwC9J6EPSwC&q=belarus+constitution+1994&pg=PA191 | isbn = 90-411-1836-5 }}</ref> 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]].<ref>{{cite journal|url=https://heinonline.org/HOL/Page?handle=hein.journals/touint6&collection=journals&id=131&startid=&endid=158|author=Shaw, G. M.|year=1995|title=The Constitution of Belarus: Good First Step towards the Rule of Law|journal=Touro International Law Review|volume=6|pages=125–152}}</ref><ref>{{cite journal|url=https://heinonline.org/HOL/Page?handle=hein.journals/touint6&collection=journals&id=131&startid=&endid=158|author1=Weaver, R. L.|author2=Knechtle, J. C.|year=1993|title=Constitution drafting in the former soviet union: The Kyrghyzstan and Belarus constitutions|journal=Wisconsin International Law Journal|volume=12|issue=1|pages=29–57}}</ref> 
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.<ref>Belconstitution.narod.ru [http://belconstitution.narod.ru/constitution1994.htm Constitution of 1994]. Retrieved March 25, 2007. {{in lang|be}}</ref> 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.<ref>Republic of Belarus [https://web.archive.org/web/20070416222216/http://www.servat.unibe.ch/law/icl/bo01000_.html Enactment Law]. Passed March 15, 1994. Retrieved July 10, 2007.</ref> Every year since 1994, March 15 has been commemorated in Belarus as [[Constitution Day]], a national holiday.<ref>Embassy of the Republic of Belarus to Mexico and the United States [http://www.belarusembassy.org/ National Holidays]. Retrieved March 25, 2007.</ref>

The Constitution introduces [[separation of powers]]. According to Belarusian law, each office is separate but must work together to serve the people.<ref name="houseby"/> The Constitution also makes Belarus a [[presidential democracy]], significantly reducing the role of the prime minister.<ref name="byind">Library of Congress Country Studies [http://countrystudies.us/belarus/39.htm Belarus - Prelude to Independence]. Library of Congress. Retrieved March 21, 2007.</ref> Of the fifteen former [[Republics of the Soviet Union|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.<ref name=vgbp>Virtual Guide to Belarus. [http://www.belarusguide.com/as/law_pol/law_pol.html Belarus Politics] {{Webarchive|url=https://web.archive.org/web/20171105213617/http://www.belarusguide.com/as/law_pol/law_pol.html |date=2017-11-05 }}. Retrieved July 11, 2007.</ref> A power struggle to determine the relationship between the new executive branch and the legislature caused much of the debate in 1992 and 1993.<ref name="gonec"/> 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.<ref name="gonec"/>

When drafting the Belarus Constitution, the Supreme Council deputies were influenced by the constitutions of various countries, including [[Constitution of Austria|Austria]], [[Constitution of Belgium|Belgium]], [[Constitution of Denmark|Denmark]], [[Constitution of France|France]], [[Constitution of Germany|Germany]], [[Constitution of Italy|Italy]], [[Constitution of Sweden|Sweden]], and the [[United States Constitution|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.<ref>[[BelTA|Belarus Telegraphy Agency]]. [http://www.belta.by/en/main_news?id=142808 Belarus Constitution Day celebrated today] {{webarchive|url=https://web.archive.org/web/20070927011456/http://www.belta.by/en/main_news?id=142808 |date=2007-09-27 }}. Published March 15, 2007. Retrieved March 28, 2007.</ref> The structure of the Constitution is similar to the [[Constitution of the Russian Federation|Russian Federation]]: for example, the office of the President has powers analogous to those granted to the [[President of Russia]].<ref name=vgbp/> 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.<ref name="gonec"/>

== 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]].<ref>[http://law.by/document/?guid=3871&p0=V19402875e Preamble of the Constitution]. Published 1994, amended in 1996</ref>

=== 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."<ref name="constitution-legalportal"/> 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."<ref name="constitution-legalportal"/>

The territory of Belarus is divided into discrete [[Regions of Belarus|regions]], called [[oblast]]s. 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, [[stateless person|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 [[Political asylum|asylum]] to those who have been subject to persecution due to their ethnic background, political ideology or religious affiliation.<ref name="constitution-legalportal"/>

The Constitution also establishes [[Belarusian language|Belarusian]] and Russian as the official languages of the country, pledges [[Neutral country|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]]).<ref name="constitution-legalportal"/>

=== 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."<ref name="constitution-legalportal"/> 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.<ref name="constitution-legalportal"/>

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 [[Capital punishment|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.<ref name="constitution-legalportal"/>

=== 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 [[referendum]]s.<ref name="constitution-legalportal"/>

In Belarus, the right to vote in elections and [[plebiscite]]s 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 right]]s of those who have served their prison terms, nor does it state how those citizens gain the rights back.<ref name="constitution-legalportal"/>

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 of the Republic of Belarus|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.<ref name="constitution-legalportal"/>

=== 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 Belarus|President]] of the Republic of Belarus, the [[Council of Ministers of the Republic of Belarus|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 [[Military of Belarus|Belarusian Armed Forces]]. The section also describes procedures for situations where the president cannot continue duties or if the president dies in office.<ref name="constitution-legalportal"/>

Chapter Four lists the powers and duties of the Parliament of Belarus, which is called the [[National Assembly of the Republic of Belarus|National Assembly]]. The National Assembly itself is divided into two houses: the lower [[House of Representatives of Belarus|House of Representatives]] and the upper [[Council of the Republic of Belarus|Council of the Republic]]. While each house has its own rules governing how members are elected, members decide on the various bills that could become Belarusian law and approve the nominations of cabinet heads that the president chooses.<ref name="constitution-legalportal"/>

The [[Council of Ministers of the Republic of Belarus]], headed by the [[List of Belarusian Prime Ministers|prime minister]], is the body of officials that are heads of various ministries of the Belarusian government. The president appoints each member of the council, but the National Assembly must also approve each member. Council members stays on until their term as a minister is over or the president has been replaced.<ref name="constitution-legalportal"/>

The [[Constitutional Court of the Republic of Belarus]] is the highest court in Belarus. While other courts deal with civil or criminal issues, the Constitutional Court deals with matters involving the Constitution and the legality of certain laws passed by the government. The court has the power to declare any law unconstitutional. From April until May 2007, the Constitutional Court reviewed 101 laws and decrees; they were deemed to be constitutional.<ref>Constitutional Court of the Republic of Belarus [http://ncpi.gov.by/ConstSud/eng/ General Provisions and History] {{Webarchive|url=https://web.archive.org/web/20070716024151/http://ncpi.gov.by/ConstSud/eng/ |date=2007-07-16 }}. Published May 21, 2007. Retrieved July 24, 2007</ref> The court that deals with criminal law matters is the [[Supreme Court of Belarus]].<ref name="constitution-legalportal"/>

=== Section Five: Local Government and Self-Government ===
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, and economic development. They also have the authority to collect taxes. The president can appoint and dismiss the heads of the local governments   on the approval of the relevant local council of deputies.<ref name="constitution-legalportal"/>

=== Section Six: The Procurator's Office. The State Supervisory Committee ===
Section Six lists the office and duties of the prosecutor general (Procurator General in the official translation) and the State Supervisory Committee. The prosecutor general and his appointed assistant prosecutors are tasked with the balanced implementation of national, regional and local laws on all sectors of government and public society. The prosecutor general is appointed by the president with permission from the Council of the Republic.<ref name="constitution-legalportal"/>

The State Supervisory Committee is tasked with monitoring the national budget, implementing the president's economic policy, and regulating the use of government property. As with the prosecutor general, the State Supervisory Committee is appointed by the president.<ref name="constitution-legalportal"/>

=== Section Seven: Financial and Credit System of the Republic of Belarus ===
Section Seven specifies the [[fiscal policy|fiscal]] responsibilities of Belarus. A national budget must be created, along with budgets for the local regions and cities. The money used in the national budget is acquired from national taxes and fines, and payments made to Belarus by foreign governments. At the end of a [[fiscal year]], the National Assembly must review the budget for the next fiscal year within five months. After the review and passing of the national budget, it is published for public viewing. Local budgets follow the same procedures. The [[National Bank of the Republic of Belarus]] is the state bank of Belarus and is the office responsible for issuing the national currency, the [[Belarusian rubel]].<ref name="constitution-legalportal"/>

=== Section Eight: The Application of the Constitution ===
Section Eight describes processes for enforcing and amending the Constitution. The Constitution is the supreme law of the land, therefore other laws and edicts cannot conflict with it. If a conflict occurs, the Constitution applies. If the Constitution is not in conflict, but a law and a decree is, the law would be enforced.<ref name="constitution-legalportal"/>

To amend the Constitution, one of two things must happen before the [[National Assembly of the Republic of Belarus|National Assembly]] can consider the measure: The president must suggest the change, or 150,000 eligible voters must send a petition to the National Assembly. Both chambers of the National Assembly must discuss the proposed amendments for a minimum of three months. Two conditions can prevent a discussion from taking place: Either there is a state of emergency, or there are less than six months in the current term of the House of Representatives. In order for an amendment to take effect, it must be approved by either two-thirds of both chambers of the National Assembly or a simple majority of the voting population of Belarus in a national referendum. The only restriction is that Sections One, Two, Four and Eight can only be changed by national referendum.<ref name="constitution-legalportal"/> Rules for conducting a national referendum are enumerated in Chapters 22 through 25 of the Electoral Code of the Republic of Belarus.<ref>Law of the Republic of Belarus [http://www.law.by/work/EnglPortal.nsf/6e1a652fbefce34ac2256d910056d559/913b1cd1d5b908b2c2256dc0004a698c?OpenDocument Electoral Code of the Republic of Belarus] {{webarchive |url=https://web.archive.org/web/20101227170750/http://www.law.by/work/EnglPortal.nsf/6e1a652fbefce34ac2256d910056d559/913b1cd1d5b908b2c2256dc0004a698c?OpenDocument |date=December 27, 2010 }}. Passed in 2000, amended in 2006. Retrieved July 14, 2007.</ref> Since the original adoption of the Constitution in 1994, it has been amended twice; once in 1996 and once in 2004.<ref name="cnn96"/><ref name="bbc"/>

=== Section Nine: Final and Transitional Clauses ===
The ninth and last section of the Constitution was added following [[1996 Belarusian referendum|passage of the 1996 revision of Constitution]] and addresses laws passed before 1996. If the laws that were passed before the adoption of the Constitution are not in conflict with the Constitution, they are still enforced. All changes to the Constitution come into effect when formally issued by the president, unless specified otherwise. With the passage of the 1996 revision of the Constitution, the 1994 law "On the Procedure Governing the Entry into Force of the Constitution of the Republic of Belarus" ceased to be enforced. As a transitional measure, Section Nine states that the present (as of November 1996) leadership of Belarus can continue to serve until their term of service has been completed. When the Constitution is enforced, the national government is allowed to exercise their assigned duties. Unless otherwise stated in Article 143, Part 3, the national leadership must form state governmental bodies two months after the Constitution goes into effect.<ref name="constitution-legalportal"/>

== Amendments ==
After [[Alexander Lukashenko|Lukashenko]] assumed the presidency in 1994, he stated his intention to amend the recently passed Constitution. The amendments, according to Lukashenko, would expand the power of his office, marking a turning point in post-Soviet era politics in Belarus.<ref name="gonec"/> A [[1995 Belarusian referendum|May 1995 national referendum]] was the first step in the amendment process. Out of the four questions, one asked if the president could disband parliament if the members violate national law.<ref>{{cite web|url=http://www.rec.gov.by/refer/ref1995q.html |title=National Referendum of the Republic of Belarus - Official list of questions |access-date=2008-03-12 |date=1995-05-14 |publisher=Central Election Committee of the Republic of Belarus |language=ru |archive-url=https://web.archive.org/web/20080405205512/http://www.rec.gov.by/refer/ref1995q.html <!--Added by H3llBot--> |archive-date=2008-04-05 }}</ref> The vote, which several Supreme Council deputies protested,<ref name="gonec"/> resulted in 77% in favor of the provision regarding the dismissal of the legislature by the president. Other questions on the ballot, such as the [[Flag of Belarus|national flag]] and [[Emblem of Belarus|national emblem]], didn't affect the Constitution as a whole, but their status has been decided by the Constitution.<ref>{{cite web|url=http://www.rec.gov.by/refer/ref1995resdoc.html |title=National Referendum of the Republic of Belarus - Official results |access-date=2008-03-12 |date=1995-05-14 |publisher=Central Election Committee of the Republic of Belarus |language=ru |archive-url=https://web.archive.org/web/20071016045149/http://www.rec.gov.by/refer/ref1995resdoc.html|archive-date=2007-10-16|url-status=dead}}</ref> Two years later, Lukashenko scheduled the first referendum that would potentially alter the Constitution. The last referendum on the Constitution occurred in 2022, also scheduled by Lukashenko.

=== 1996 ===
{{main|1996 Belarusian referendum}}
More calls for constitutional reform came in 1996.<ref name="houseby"/> President Lukashenko unilaterally established the [[referendum]] after the Supreme Council refused to support the measures or set up a date for the vote.<ref name="hrw99">{{cite web|url=https://www.hrw.org/reports/1999/belarus/Belrus99-04.htm |title=Republic of Belarus - Background |access-date=2008-03-12 |year=1999 |work=World Report 1999 |publisher=Human Rights Watch }}</ref> An earlier attempt by the Supreme Council to establish their own referendum in September 1996 was struck down as "inconsistent with the Constitution" by the Constitutional Court.<ref>{{cite web|url=http://ncpi.gov.by/constsud/eng/judg2.htm |title=Judgment of the Constitutional Court, Minsk No. J-43/96 |access-date=2008-03-21 |date=1996-11-04 |publisher=Constitutional Court of the Republic of Belarus | archive-url = https://web.archive.org/web/20051230141834/http://ncpi.gov.by/constsud/eng/judg2.htm| archive-date = December 30, 2005}}</ref> The referendum amended the Constitution mostly to strengthen the power of the presidency.<ref>Human Rights Watch [https://www.hrw.org/reports/1999/belarus/Belrus99-04.htm Republic of Belarus - Background]. Published in 1999. Retrieved June 7, 2007.</ref> Amongst the changes made were the following:

1- The [[Supreme Council of Belarus|Supreme Council]], the [[unicameral]] parliament of Belarus, was abolished. The Supreme Council was replaced by the [[National Assembly of Belarus|National Assembly]], a [[bicameral]] parliament;<ref name="cnn96">CNN [http://edition.cnn.com/WORLD/9611/26/belarus/index.html Belarus president convenes new parliament] {{Webarchive|url=https://web.archive.org/web/20050124012146/http://edition.cnn.com/WORLD/9611/26/belarus/index.html |date=2005-01-24 }}. Published November 26, 1996. Retrieved June 7, 2007.</ref>

2- The term of President Alexander Lukashenko was extended from 1999 until 2001.<ref name="cnn96"/>

During the referendum, 84% of the approximately 7.5 million voters approved the amendments.<ref name="cnnvote96">CNN [http://www.cnn.com/WORLD/9611/24/belarus/ Belarus president poised for victory in constitution re-write] {{webarchive|url=https://web.archive.org/web/20070216235342/http://www.cnn.com/WORLD/9611/24/belarus/ |date=2007-02-16 }}. Published November 24, 1996. Retrieved March 28, 2007.</ref> On November 28 of that year, President Lukashenko signed the changes into law.<ref name="constitution-legalportal"/> Other results not directly related to the voting included the expanding role of the Council of Ministers, which allowed it to deal with issues related to development of economic, social and political spheres within Belarus.<ref name="houseby"/> The 1996 referendum was not, however, the first call to dissolve the Supreme Council. In 1991 and 1992, after the August coup in Moscow by senior [[Communist Party of the Soviet Union|CPSU]] officials, democratic forces in the government wanted to dissolve the Supreme Council permanently. The members of the [[Belarusian Popular Front]] pressed for a referendum, and despite achieving the number of signatures required by law at the time, the Supreme Council quashed the measure.<ref name="byind"/>

The results of the 1996 referendum led to the exclusion of opposition parties from the new parliament. Due to problems associated with transparency and [[ballot stuffing]], the European Union, United States and several other nations do not recognize the results of the vote.<ref name="hrw99"/>

=== 2004 ===
{{main|2004 Belarusian referendum}}
Along with choosing members for the National Assembly, Belarusian voters were presented with a referendum regarding presidential term limits. Before the vote, President [[Alexander Lukashenko]] was only allowed to serve two terms before the Constitution required him to step down.<ref>[https://web.archive.org/web/20070512063656/http://www.servat.unibe.ch/law/icl/bo00000_.html Constitution of Belarus (1994)]. Published in 1994. Retrieved June 5, 2007.</ref> The voter turnout for the referendum was nearly 90%, with 77.3% of the voters agreeing to eliminating term limits.<ref name="bbc">[[BBC|British Broadcasting Corporation]] [http://news.bbc.co.uk/2/hi/europe/3752930.stm Observers deplore Belarus vote]. Published October 18, 2004. Retrieved March 28, 2007.</ref> The changes were implemented on October 17, 2004.<ref>Legal Portal of the Republic of Belarus [http://www.law.by/work/EnglPortal.nsf/6e1a652fbefce34ac2256d910056d559/d93bc51590cf7f49c2256dc0004601db?OpenDocument 2004 Text of the Constitution of Belarus] {{webarchive|url=https://web.archive.org/web/20090606143757/http://www.law.by/work/EnglPortal.nsf/6e1a652fbefce34ac2256d910056d559/d93bc51590cf7f49c2256dc0004601db?OpenDocument |date=2009-06-06 }}. Published 2004. Retrieved July 13, 2007.</ref> Like the 1996 referendum, the validity of the vote was brought into question. According to the [[Organization for Security and Co-operation in Europe]] (OSCE), many polling places went without independent observers. The OSCE believed that the standards of the vote did not meet OSCE requirements for "free and fair elections". Data from other [[non-governmental organization]]s (NGO) point out that 50% of voters did not participate in the referendum, so they contend that the results reported by the government are flawed.<ref>{{cite web |url=http://www.freedomhouse.org/uploads/WoW/2006/Belarus2006.pdf |title=Belarus |access-date=2008-03-12 |year=2006 |work=Country Report |publisher=Freedom House |url-status=dead |archive-url=https://web.archive.org/web/20070714123100/http://www.freedomhouse.org/uploads/WoW/2006/Belarus2006.pdf |archive-date=2007-07-14 }}</ref> Two years later, Lukashenko ran in the 2006 election and won 83% of the vote during the first ballot.<ref>Xinhua [http://news.xinhuanet.com/english/2006-03/23/content_4338279.htm Lukashenko confirmed as winner in Belarus presidential vote] {{webarchive|url=https://web.archive.org/web/20121013130837/http://news.xinhuanet.com/english/2006-03/23/content_4338279.htm |date=2012-10-13 }}. Published March 23, 2006.</ref> With no term limits, Lukashenko states that, depending on his health, he will not retire from politics and might run for re-election in 2011.<ref>MosNews. [http://www.data.minsk.by/belarusnews/022007/218.html Rightist Group Promote Belarus Dictator Lukashenko as Russian Presidential Candidate]. Published February 28, 2007. Retrieved July 11, 2007.</ref>

=== 2022 ===
{{main|2022 Belarusian constitutional referendum}}
{{excerpt|2022 Belarusian constitutional referendum}}

=== Criticism of constitutional changes ===
The 1996 and 2004 referendums were severely criticized by the political opposition inside Belarus as well as by international observers such as the OSCE. Observers state that the two referendums were non-transparent and that the real results were not published. Observers were not allowed to see the process of counting ballots.<ref>{{cite web |url=http://www.smartsanctions.se/european_t_s/ets_documents/Belarus/2004/Belarus%202004%20b.pdf |title=COUNCIL COMMON POSITION 2004/848/CFSP |access-date=2008-02-13 |date=2004-12-13 |publisher=Official Journal of the European Union |url-status=dead |archive-url=https://web.archive.org/web/20080216073753/http://www.smartsanctions.se/european_t_s/ets_documents/Belarus/2004/Belarus%202004%20b.pdf |archive-date=2008-02-16 }}</ref> Specifically, the democratic opposition to President Lukashenko decided to boycott the 1996 referendum on the Constitution. During the same election, international observers found problems with the voting process or found pro-government advertisements or notices at polling places.<ref name="cnnvote96"/> Opposition parties contend that the vote to dissolve the Supreme Council in 1996 removed Belarus' last democratically elected parliament and installed Lukashenko's hand-picked parliament.<ref name="balmaceda">{{cite book | last = Balmaceda | first = Margarita Mercedes |author2=Kevin Rosner | title = Belarus: Oil, Gas, Transit Pipelines and Russian Foreign Energy Policy | publisher = GMB Publishing Ltd | year = 2006 | isbn = 1-905050-83-6| page = 4 }}</ref>

While there were claims of manipulation of the elections and the Constitution itself, some parts of the 2004 constitution were supported by key leaders of the Belarusian democratic opposition. In a 2005 interview with [[Radio Free Europe]], presidential candidate [[Alaksandar Milinkievič]] stated that Belarus' stance as a neutral country, stated in Article 18 of the 2004 constitution,<ref name="constitution-legalportal"/> should be preserved with regard to joining NATO and the European Union.<ref>{{cite news | title=Belarus: Opposition Candidate Hopes To Have Broad Public Support | date=2005-10-03 | publisher=Radio Liberty | url =http://www.rferl.org/featuresarticle/2005/10/ABA05E47-0F7C-47BB-8BFA-08687101901F.html | work =Radio Free Europe | access-date = 2008-02-29 }}</ref>

== Judicial review ==
In a 1998 journal, the [[New York University]] School of Law noted that Belarusian legal scholars came up with a new theory to deal with jurisprudence. Laws are constitutional if they follow the will of President Lukashenko and the people; unconstitutional if the president and the people do not like it. The laws that fall in the latter category are considered "ignored" by the legal scholars.<ref name="lukashuk"/> In June 1999, a Special Rapporteur on the Independence of Judges and Lawyers from the [[United Nations]] visited Belarus and noted inconsistency between national laws, decrees and the Constitution. The UN [[rapporteur]], [[Dato Param Cumaraswamy]], especially noted that temporary decrees issued by the national authorities are still in force, even if they had expired or contradict the Constitution.<ref>{{cite news | title=Constitution Watch | year=2000 | publisher=New York University School of Law | url=http://www.law.nyu.edu/eecr/vol9num3/pdfs/updates.pdf | work=Eastern Europe Constitutional Review | pages=6 | access-date=2008-03-21 | url-status=dead | archive-url=https://web.archive.org/web/20090225122523/http://www.law.nyu.edu/eecr/vol9num3/pdfs/updates.pdf | archive-date=2009-02-25 }}</ref>

== Draft Constitution from the Office of Sviatlana Tsikhanouskaya ==
In 2021 a Civil Constitution Commission, appointed by [[Sviatlana Tsikhanouskaya]]’s Representative for Constitutional Reform, produced a draft "Constitution for New Belarus".  According to the official site of Sviatlana Tsikhanouskaya, "the Constitution for New Belarus is a modern European constitution, which will ensure the transition from an authoritarian to a democratic, parliamentary form of government".<ref>{{Cite web |title=Why Belarus still needs constitutional reform? / Official web-site of Sviatlana Tsikhanouskaya |url=https://tsikhanouskaya.org/en/events/news/bd597a1d31027bf.html |access-date=2023-05-10 |website=tsikhanouskaya.org |date=6 September 2022 |language=en}}</ref>

Twenty-eight international consultants provided expertise in drafting the constitution.<ref>{{Cite web |title=Эксперты |url=http://kanstytucyja.online/index.php/eksperty.html |access-date=2023-05-10 |website=kanstytucyja.online |language=ru-ru}}</ref> 

The draft constitution was published on July 14, 2022 on the site kanstytucyja.online.<ref>{{Cite web |title=КОНСТИТУЦИЯ РЕСПУБЛИКИ БЕЛАРУСЬ |url=http://kanstytucyja.online/index.php/new-constitution.html |access-date=2023-05-10 |website=kanstytucyja.online |date=27 November 2021 |language=ru-ru}}</ref>

== References ==
<!--See http://en.wikipedia.org/wiki/Wikipedia:Footnotes for an explanation of how to generate footnotes using the <ref(erences/)> tags-->
{{Reflist|30em}}

== External links ==
{{wikisourcepar|Constitution of the Republic of Belarus}}
{{commonscat|Constitutions of Belarus}}
*[http://law.by/document/?guid=3871&p0=V19402875e old link] {{Webarchive|url=https://web.archive.org/web/20200304132712/http://law.by/document/?guid=3871&p0=V19402875e |date=2020-03-04 }}
* {{cite web |title=Канстытуцыйны Суд Рэспублікі Беларусь |url=http://www.kc.gov.by/be/document-5623 |website=www.kc.gov.by}}
* English
** [[:wikisource:Constitution of the Republic of Belarus (1994)|1994 text]] 
** [[:wikisource:Constitution of the Republic of Belarus (1996)|1996 text]] 
* Russian
** [https://web.archive.org/web/20051229020044/http://www.zakanadaustva.narod.ru/constitution1994.html 1994 text] {{in lang|ru}}
** {{Cite web |url=http://rec.gov.by/zakon/constitution.html |title=1996 text |access-date=November 4, 2010 |archive-url=https://web.archive.org/web/20031012161115/http://rec.gov.by/zakon/constitution.html |archive-date=October 12, 2003 |url-status=dead |df=mdy-all |language=ru}}
** [http://www.pravo.by/webnpa/text.asp?RN=v19402875 2004 text] {{in lang|ru}}
* Belarusian
** [https://web.archive.org/web/20050228015844/http://asveta.belinter.net/politkanst.html 1994 text] {{in lang|be}}
** [http://www.belconstitution.narod.ru/constitution1996.htm 1996 text] {{in lang|be}}
** [https://archive.today/20121221143110/http://zakanadaustva.narod.ru/zakony/Kanstytucyja_Bielarusi_2004.htm 2004 text] {{in lang|be}}

{{Belarus topics}}
{{Constitution of Europe}}

[[Category:Constitutions by country|Belarus]]
[[Category:1994 in law]]
[[Category:Law of Belarus]]
[[Category:1994 in Belarus]]