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CODE OF THE REPUBLIC OF BELARUS

of June 29, 2006 No. 139-Z

About judicial system and the status of judges

(as amended on 17-07-2023)

Accepted by the House of Representatives on May 31, 2006

Approved by Council of the Republic on June 16, 2006

Section I. Bases, tasks and principles of activities of judicial system of the Republic of Belarus

Chapter 1. Basic provisions

Article 1. The main terms applied in this Code and their determinations

In this Code the following main terms and their determinations are applied:

superior court – the Supreme Court of the Republic of Belarus in relation to other court of law; regional (Minsk city) court in relation to district (city) court, specialized court of the respective area (city of Minsk);

citizens are citizens of the Republic of Belarus, foreign citizens and stateless persons;

qualification boards of judges – the Highest qualification board of judges of the Supreme Court of the Republic of Belarus, qualification boards of judges regional (Minsk city) courts and economic courts of areas (city of Minsk);

the juryman – person involved in the procedures and cases established by this Code and other legal acts in participation in activities of court for justice implementation;

subordinate court – district (city) court, specialized court in relation to corresponding regional (Minsk city) to court and the Supreme Court of the Republic of Belarus; regional (Minsk city) court, economic court of area (city of Minsk) in relation to the Supreme Court of the Republic of Belarus;

the court decree – the conclusion and the solution of the Constitutional Court of the Republic of Belarus, and also sentence, the decision, the resolution, determination of courts of law;

the judge – person appointed (favourites) to judgeship in No. 248-Z established by the Constitution of the Republic of Belarus, this Code and the Law of the Republic of Belarus of February 7, 2023 "About Vsebelorussky people's assembly" procedure for implementation of obligations of the judge on professional basis.

Article 2. Judicial authority

Judicial authority in the Republic of Belarus is performed by the courts formed according to the procedure, established by the Constitution of the Republic of Belarus and this Code.

Judicial authority is performed only by courts on behalf of judges and attracted in the procedures and cases established by this Code and other legal acts to participation in activities of court for implementation of justice of jurymen.

Judicial authority is performed by means of constitutional, civil, criminal and other forms of legal proceedings provided by the law.

Judicial authority is independent, it interacts with the legislative and executive authorities.

Article 3. Legal basis of judicial system and status of judges

The legal basis of judicial system and the status of judges in the Republic of Belarus is constituted by the Constitution of the Republic of Belarus, this Code and other legal acts.

Article 4. Unity of judicial system of the Republic of Belarus

The unity of judicial system of the Republic of Belarus is provided in the way:

establishments of judicial system of the Republic of Belarus Constitution of the Republic of Belarus and this Code;

observance by all courts of the procedure for legal proceedings established by the legislation;

recognitions of obligatory execution in all territory of the Republic of Belarus of the court decrees which took legal effect;

fixing of unity of the status of judges;

financing of the courts from the republican budget.

Article 5. Judicial system of the Republic of Belarus

The judicial system of the Republic of Belarus is constituted:

Constitutional court of the Republic of Belarus – the body of judicial control of constitutionality of regulatory legal acts in the state performing judicial authority by means of the constitutional legal proceedings;

the courts of law performing justice by means of civil, criminal and other forms of legal proceedings provided by the law.

The system of courts of law is under construction on the principles of territoriality and specialization.

Formation of emergency courts is forbidden.

The constitutional court of the Republic of Belarus, the Supreme Court of the Republic of Belarus, regional (Minsk city) court, economic court of area (city of Minsk) are legal entities.

Article 6. Tasks of courts of the Republic of Belarus

The constitutional court of the Republic of Belarus is designed to protect the constitutional system of the Republic of Belarus, the Republic of Belarus guaranteed by the Constitution of right and freedom of man and citizen, to provide rule of the Constitution of the Republic of Belarus and its direct action in the territory of the Republic of Belarus, compliance of regulatory legal acts of state bodies of the Constitution of the Republic of Belarus, approval of the constitutional legality in rule-making and law enforcement, the solution of other questions provided by the Constitution of the Republic of Belarus, this Code and other legal acts.

Courts of law are urged to protect the Republic of Belarus guaranteed by the Constitution and other acts of the legislation the personal rights and freedoms, the social and economic and political rights of citizens, the constitutional system of the Republic of Belarus, the state and public concerns, the rights of the organizations, individual entrepreneurs, and also to provide the correct application of the legislation when implementing justice, to promote strengthening of legality and the prevention of offenses.

Article 7. Legality when implementing justice

Courts perform justice based on the Constitution of the Republic of Belarus and other regulatory legal acts accepted according to it.

If by consideration of specific case the court of law has doubts in constitutionality of the regulatory legal act which is subject to application, the court before pronouncement of the court decree puts in the procedure established by the law before the Constitutional Court of the Republic of Belarus question of check of constitutionality of this regulatory legal act.

Article 8. Equality of citizens and organizations before the law and court. Competitiveness and equality of the parties when implementing justice

Justice in the Republic of Belarus is performed on the basis of equality of citizens, the organizations, individual entrepreneurs before the law and court.

Justice is performed on the basis of competitiveness and equality of the parties in process.

Article 9. Participation of citizens in justice implementation

Citizens of the Republic of Belarus have the right to participate in activities of court for implementation of justice as jurymen according to the procedure and the cases established by this Code and other legal acts.

Article 10. Right of citizens and organizations to judicial protection

The right to judicial protection against infringement of life and the health, honor and advantage, personal liberty and property, other rights and freedoms provided by the Constitution of the Republic of Belarus and other acts of the legislation and also is guaranteed to citizens of the Republic of Belarus against illegal decisions and actions (failure to act) of state bodies, other organizations, their officials infringing the rights and freedoms. The right to judicial protection on an equal basis with citizens of the Republic of Belarus is guaranteed to foreign citizens and stateless persons if other is not determined by the Constitution of the Republic of Belarus, the laws and international treaties of the Republic of Belarus.

The organizations, individual entrepreneurs have the right to judicial protection against infringement of their rights and legitimate interests guaranteed by the legislation and also from illegal decisions and actions (failure to act) of state bodies, other organizations, their officials infringing the rights and legitimate interests.

Article 11. Publicity when implementing justice

Trial of cases in all courts open.

Hearing of cases in the closed judicial session is allowed only in the cases established by the law with observance of all rules of practice.

Are not allowed disclosure of the data relating to private life of the citizen which degrade his honor and advantage or can do harm to its rights, legitimate interests or goodwill, and disclosure of the data relating to organization activity, the individual entrepreneur which can do harm to their rights, legitimate interests or goodwill is equal if other is not stipulated by the legislation.

Article 12. Individual and joint hearing of cases

Cases in courts are considered by judges solely, and in the cases provided by the law – is joint.

Article 13. Language of legal proceedings and clerical work in courts of the Republic of Belarus

Legal proceedings and clerical work in courts of the Republic of Belarus are conducted in the Belarusian and (or) Russian languages.

The right of acquaintance with all case papers, participation in judicial actions through the translator, the right to appear in court in language which they know are provided to the persons participating in case not knowing or insufficiently knowing legal proceedings language. In these cases specified persons have the right to use on a grant basis translation service according to the procedure, established by the legislation.

Article 14. Obligation of court decrees and requirements of the judge

The court decrees which took legal effect are obligatory for all state bodies, other organizations, officials and citizens and are subject to execution in all territory of the Republic of Belarus.

The conclusions and solutions of the Constitutional Court of the Republic of Belarus are final, are not subject to appeal and protest.

The requirements of the judge following from its powers and shown according to the legislation are obligatory and are subject to execution at the scheduled time by all state bodies, other organizations, officials and citizens. Information requested by the judge in connection with case in point is provided on a grant basis.

Non-execution of the court decrees which took legal effect and requirements of the judge involves responsibility according to legal acts.

Article 15. Use of the state symbols of the Republic of Belarus

On buildings of the Constitutional Court of the Republic of Belarus, courts of law, in office offices of judges of the Constitutional Court of the Republic of Belarus, courts of law, in rooms of meetings of the Constitutional Court of the Republic of Belarus, in halls of judicial sessions of courts of law National flag of the Republic of Belarus is set, and also the image of the State Emblem of the Republic of Belarus is located.

Article 16. Printing editions of courts of the Republic of Belarus

Courts of the Republic of Belarus have the right to establish printing editions according to the procedure, established by the legislation.

Article 17. Seal of courts of the Republic of Belarus

All courts of the Republic of Belarus have seal with the image of the State Emblem of the Republic of Belarus and with the name.

Article 18. Location of the Constitutional Court of the Republic of Belarus and Supreme Court of the Republic of Belarus

The permanent location of the Constitutional Court of the Republic of Belarus and the Supreme Court of the Republic of Belarus is the capital of the Republic of Belarus - the city of Minsk.

Meetings of the Constitutional Court of the Republic of Belarus and the Supreme Court of the Republic of Belarus are held in the place of their permanent stay. The constitutional court of the Republic of Belarus and the Supreme Court of the Republic of Belarus can hold meeting in other place when they consider it necessary.

Section II. Procedure for forming and competence of the courts of the Republic of Belarus

Chapter 2. Constitutional court of the Republic of Belarus

Article 19. Structure of the Constitutional Court of the Republic of Belarus

The constitutional court of the Republic of Belarus is created in number of 12 judges. Judges of the Constitutional Court of the Republic of Belarus are the Chairman, the vice-chairman and ten judges of the Constitutional Court of the Republic of Belarus.

The constitutional court of the Republic of Belarus gets to work and is competent to draw the conclusions and to pass decisions when in its structure at least eight judges of the Constitutional Court of the Republic of Belarus are elected.

Article 20. Procedure for forming of the Constitutional Court of the Republic of Belarus

The chairman, the vice-chairman and judges of the Constitutional Court of the Republic of Belarus are elected to position and dismissed by Vsebelorussky people's assembly according to the proposal of the President of the Republic of Belarus which is previously approved with Presidium of Vsebelorussky people's assembly.

The chairman and the vice-chairman of the Constitutional Court of the Republic of Belarus are elected from among judges of the Constitutional Court of the Republic of Belarus.

The procedure for election to position and dismissal of judges of the Constitutional Court of the Republic of Belarus is determined by the Constitution of the Republic of Belarus, this Code and the Law of the Republic of Belarus "About Vsebelorussky people's assembly".

Article 21.

No. 285-Z is excluded according to the Law of the Republic of Belarus of 17.07.2023

Article 22. Competence of the Constitutional Court of the Republic of Belarus

The constitutional court of the Republic of Belarus according to proposals of the President of the Republic of Belarus, Presidium of Vsebelorussky people's assembly, House of Representatives of National assembly of the Republic of Belarus, Council of the Republic of National assembly of the Republic of Belarus, the Supreme Court of the Republic of Belarus, Council of Ministers of the Republic of Belarus draws the conclusions:

about interpretation of the Constitution of the Republic of Belarus;

about compliance of the Constitution of the Republic of Belarus of the laws, presidential decrees of the Republic of Belarus, resolutions of Council of Ministers of the Republic of Belarus, regulatory legal acts of other state bodies.

The constitutional court of the Republic of Belarus according to proposals of the President of the Republic of Belarus draws the conclusions:

about constitutionality of drafts of the laws on modification and amendments in the Constitution of the Republic of Belarus;

about the compliance of the Constitution of the Republic of Belarus of the laws adopted by the House of Representatives of National assembly of the Republic of Belarus and approved by Council of the Republic of National assembly of the Republic of Belarus or accepted by the House of Representatives of National assembly of the Republic of Belarus according to the procedure, established by part six of article 100 of the Constitution of the Republic of Belarus before their signing by the President of the Republic of Belarus;

about constitutionality of the questions submitted for republican referendum;

about compliance of the Constitution of the Republic of Belarus of not become effective international treaties of the Republic of Belarus.

In the cases provided by the Constitution of the Republic of Belarus, the Constitutional Court of the Republic of Belarus draws the conclusions:

according to the offer of Presidium of Vsebelorussky people's assembly on availability of the facts of systematic or gross violation by the President of the Republic of Belarus Constitutions of the Republic of Belarus;

according to the proposal of the President of the Republic of Belarus on availability of the facts of systematic or gross violation by chambers of National assembly of the Republic of Belarus Constitutions of the Republic of Belarus.

The constitutional court of the Republic of Belarus according to the offer of Presidium of Vsebelorussky people's assembly draws the conclusions about constitutionality of elections of the President of the Republic of Belarus, deputies of the House of Representatives of National assembly of the Republic of Belarus and members of council of the Republic of National assembly of the Republic of Belarus.

The constitutional court of the Republic of Belarus according to the procedure, established by the law, passes decisions:

according to claims of citizens to violations of their constitutional rights and freedoms, checking constitutionality of the laws applied in specific case if all other equitable remedies are exhausted;

on requests of courts of law, checking constitutionality of the regulatory legal acts which are subject to application by consideration of specific cases by courts.

Constitutional court of the Republic of Belarus according to the procedure, established by the law:

according to proposals of the President of the Republic of Belarus, the House of Representatives of National assembly of the Republic of Belarus, Council of the Republic of National assembly of the Republic of Belarus, Council of Ministers of the Republic of Belarus states the line item about the documents accepted (published) by foreign states, the international organizations and (or) their bodies and infringing on interests of the Republic of Belarus regarding compliance of these documents to the conventional principles and rules of international law;

accepts messages to the President of the Republic of Belarus and chambers of National assembly of the Republic of Belarus about condition of the constitutional legality in the Republic of Belarus.

The constitutional court of the Republic of Belarus exercises control of constitutionality of regulatory legal acts and not become effective international treaties of the Republic of Belarus as in general, and their separate provisions.

The constitutional court of the Republic of Belarus has no right to state line item about question which can become consideration subject in the Constitutional Court of the Republic of Belarus according to the procedure of implementation of the constitutional legal proceedings if other is not established by legal acts.

Article 23. Procedure for activities of the Constitutional Court of the Republic of Belarus

The procedure of the constitutional legal proceedings is established by legal acts.

Questions of the organization of preparation and holding meetings of the Constitutional Court of the Republic of Belarus, providing conditions for implementation with the Constitutional Court of the Republic of Belarus and his judges of the powers, and also other questions of internal activities of the Constitutional Court of the Republic of Belarus, procedure and forms of participation of the Secretariat of the Constitutional Court of the Republic of Belarus in preparation of cases for consideration in judicial session which are not settled by this Code and other legal acts, and in the cases established by the legislation on the constitutional legal proceedings – other questions arising during the constitutional legal proceedings are regulated by Regulations of the Constitutional Court of the Republic of Belarus. The regulations of the Constitutional Court of the Republic of Belarus affirm the legal solution of the Constitutional Court of the Republic of Belarus and are subject to official publication according to the procedure, established for the conclusions and solutions of the Constitutional Court of the Republic of Belarus.

Article 24. Conclusions, decisions and other documents of the Constitutional Court of the Republic of Belarus

On the questions specified in parts of the first or fourth Article 22 of this Code, the Constitutional Court of the Republic of Belarus draws the conclusions.

On the questions specified in part five and the paragraph the second to Article part six 22 of this Code, the Constitutional Court of the Republic of Belarus passes decisions.

On the question specified Article part six in paragraph three 22 of this Code the legal decision is drawn up.

Concerning procedural nature and to other questions arising during the constitutional legal proceedings, the Constitutional Court of the Republic of Belarus, the Chairman of the Constitutional Court of the Republic of Belarus accept determinations.

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