Law Techniques of Republic of Belarus

Law Techniques

Lawmaking – one of the most important aspects of activity of the state. Lawmaking assumes at legislators not only the general culture, but demands from them special knowledge, certain skills of mastering by art of formation and a formulation of acts. This knowledge in the world legal theory and practice is called as the legislative equipment representing a certain system of requirements at creation of standard legal rules, laws and bylaws, their ordering.

According to the Law of Republic of Belarus from January 10, 2000 «About regulatory legal acts of Republic of Belarus», the law – the regulatory legal act fixing principles and norms of regulation of the most important public relations.

In each state the right possesses features, but everywhere it is directed on creation and improvement of the uniform, internally co-ordinated and consistent system of the norms regulating developed in the society of relation.

According to article 1 of the Constitution of Republic of Belarus the unique source of the government and the sovereignty carrier in Republic of Belarus are the people which carries out the power directly, through representative and other bodies. The people carry out the power directly through a referendum (universal suffrage) which can be appointed for the solution of the major questions of the state and public life.

Carrying out a referendum in Republic of Belarus is regulated by the Selective code from February 11, 2000 .

According to article 1 of the Law of Republic of Belarus «About National assembly of Republic of Belarus» the National assembly of the Republic is representative and legislature of Republic of Belarus.

According to article 100 of the Constitution of Republic of Belarus, one of important functions of National assembly of Republic of Belarus (state legislature) adoption of laws is.

On consideration by its parliament subjects of a legislative initiative can bring the bill.

The right of a legislative initiative according to a part 1 of article 99 of the Constitution of Republic of Belarus the President, deputies of the House of Representatives, Republic Council, the Government, and also the citizens possessing the suffrage, in number of not less than 50 thousand people possess. Bills of modification and additions in the Constitution, and also draughts of acts of interpretation of the constitutional provisions are submitted for consideration National assembly only according to the proposal of the President or at the initiative of not less than 150 thousand citizens of Belarus possessing the suffrage. Entering into Parliament of the draught of the republican budget belongs to exclusive competence of the President also. Besides, the Constitution establishes a special order for introduction of the bills reduction of public funds, creation or increase in expenses can become which consequence of acceptance. In this case the consent of the President or on his order of the Government is required.

Parliament work - National assembly of Republic of Belarus is carried out in a sessional order. Chambers gather for two regular sessions in a year: the first session opens on October 2, and its duration should not be more than 80 days; the second session opens on April 2, and its duration cannot be more than 90 days.

In case of special need on the basis of the decree of the President of Republic of Belarus the House of Representatives, Council of the Republic are convoked on extraordinary session. Extraordinary sessions are convoked according to a certain agenda at the initiative of the President or on request of the majority not less than two thirds of voices of full structure of each of chambers.

Legislative process in Republic of Belarus begins with the moment of introduction of the bill on consideration of the House of Representatives of National assembly.

Any bill if other is not provided by the Constitution, is considered in the beginning in the House of Representatives, and then in Republic Council. The bill, except for the cases provided by the Constitution, becomes the law after acceptance by the House of Representatives and approval by Republic Council by a majority vote from full structure of each chamber.

Legislative process

Order of introduction of draughts of laws in the House of Representatives, their registration, preliminary consideration and preparation for consideration in the first a bill chteniirassmotreniye in the first a bill chteniirassmotreniye in the second a chteniirassmotreniye of draughts of laws in urgent poryadkepovtorny consideration of the bill rejected by council a respublikirassmotreniye of the law or its separate provisions, returned by the president of Republic of Belarus with the vozrazheniyamirassmotreniye of draughts of laws on modification and (or) additions in the Constitution of the Republic of Belarusrassmotreniye of questions of interpretation of the Constitution of Republic of Belarus and laws of the Republic of Belarusdelegirovaniye Prezidentu of Republic of Belarus legislative a polnomochiyrassmotreniye of temporary decrees of the President of Republic of Belarus, draughts of laws valid a zakonarassmotreniye about the republican budget for the next fiscal year, about budgets of the state off-budget funds for the next fiscal year and about the approval of the report on performance of the republican budget for reporting financial a godrassmotreniye of draughts of program laws and draughts of the laws prepared in connection with the conclusion, stay of action or the termination of international treaties of the Republic of Belarusprinyatiye by the House of Representatives of resolutions, addresses, declarations and statements

The right of a legislative initiative is realised by legal entities of a legislative initiative by means of entering into the House of Representatives of projects:

• laws on modification and (or) additions in the Constitution of Republic of Belarus ;
• laws on interpretation of the Constitution of Republic of Belarus and laws of Republic of Belarus;
• laws of Republic of Belarus, including on changes and (or) additions, cancellation, and also about recognition become invalid laws of Republic of Belarus, the acts adopted by the Supreme Council of Republic of Belarus and its bodies.

Draughts of laws and resolutions of the House of Representatives go legal entities of a legislative initiative addressed to the Chairman of the House of Representatives. Draughts of laws and resolutions of the House of Representatives are subject to obligatory registration and storage in the Secretariat of the House of Representatives. The legal entity of a legislative initiative is informed by the Secretariat of the House of Representatives on registration number of the brought project and the head commission on conclusion preparation on the project. Registration number of the project remains at all stages of its consideration in the House of Representatives and its bodies.

The chairman of the House of Representatives, and in his absence the vice-chairman of the House of Representatives appoint from among the constant commissions the head commission for preliminary consideration of the bill and its preparation for consideration by the House of Representatives in the first reading.

If the head commission declares the incompetence according to the bill or there are disagreements between two or more commissions, the Chairman of the House of Representatives, and in his absence the vice-chairman of the House of Representatives after consultations of chairmen of the constant commissions at not achievement of a consent submit for consideration Council of the House of Representatives the offer on creation from among deputies of the House of Representatives of the special (head) commission for work on the bill. Council of the House of Representatives confirms the chairman and structure of the special (head) commission.

The head commission on the bill sends the project to the constant commissions and structural divisions of the Secretariat of the House of Representatives, independently determines other subjects involved in preliminary consideration of the project, and terms for submission of remarks and offers by the project which, as a rule, there should be not less than ten working days, and according to draughts of codes – not less than twenty working days if other is not provided by Regulations.

Commissions of the House of Representatives

For conducting zakonoproyektny work, preliminary consideration and preparation of the questions relating to maintaining the House of Representatives, the constant commissions are elected. The constant commissions are permanent bodies of the House of Representatives.

The constant commissions are elected by the House of Representatives from among deputies of the House of Representatives for the term of its powers as a part of the chairman, the deputy (deputies) chairmen and members of the constant commissions.

Into structure of the constant commission enter from 5 to 13 deputies of the House of Representatives.

Constant commissions:

• prepare draughts of laws for consideration by the House of Representatives; previously consider and prepare the questions which are within the competence of the House of Representatives;
• carry out preparation of the conclusions according to draughts of laws and other regulatory legal acts, and also on other questions which are within the competence of the House of Representatives;
• on the instructions of the Chairman of the House of Representatives, and also on the initiative develop draughts of laws and other regulatory legal acts; consider written addresses of citizens and other subjects, containing offers on improvement of the legislation of Republic of Belarus on activities of the commissions, and also addresses of citizens on other questions. Chairmen of the constant commissions or on their assignment deputy chairmen, members of the constant commissions carry out a monthly personal reception of citizens in the House of Representatives;
• will organise carrying out parliamentary hearings;
• create the working groups of number of members of the constant commission, other deputies of the House of Representatives, and also representatives of state authorities and other state organisations, public associations, the scientific organisations;
• involve in the work of experts and experts, appoint an independent expert appraisal of draughts of laws, create on a voluntary basis scientific, advisory and other councils on the questions entering into competence of the constant commission;
• invite for participation in preliminary consideration of draughts of laws, other questions carried to competence of the House of Representatives, representatives of state authorities and other organisations.

The constant commissions request official documents, the information and other materials necessary for their activity from state authorities and other state organisations, officials.