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The document ceased to be valid since April 13, 2014 according to Item 2 of the Solution of the Constitutional Court of the Republic of Belarus of April 8, 2014 No. P-916/2014

REGULATIONS OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF BELARUS

of September 18, 1997 No. P-58/97

(as of October 7, 2009)

These Regulations regulate procedure for the constitutional legal proceedings, determine rules of judicial process and etiquette, feature of clerical work, the requirement to employees of the Secretariat of the Constitutional Court and other questions relating to procedure for activities of the Constitutional Court of the Republic of Belarus for the purpose of ensuring realization of its tasks, implementation of the powers provided by the Constitution of the Republic of Belarus and the Law of the Republic of Belarus "About the Constitutional Court of the Republic of Belarus".

Section I. General beginning of the constitutional legal proceedings

Chapter 1. Basic provisions

Article 1. Constitutional court and its tasks

According to article 1 of the Law "About the Constitutional Court of the Republic of Belarus" the Constitutional Court exercises control of constitutionality of regulations in the Republic of Belarus.

The constitutional court is created for ensuring rule of the Constitution of the Republic of Belarus and its direct action in the territory of the republic, compliance of regulations of state bodies of the Constitution of the Republic of Belarus, approval of legality in law-making and law enforcement, permissions of other questions provided by the Constitution of the Republic of Belarus and the Law "About the Constitutional Court of the Republic of Belarus".

Article 2. Competence of the Constitutional Court

According to article 116 of the Constitution of the Republic of Belarus, article 5 of the Law "About the Constitutional Court of the Republic of Belarus" the Constitutional Court according to the procedure of the constitutional legal proceedings considers questions and draws the conclusions:

about compliance of the laws, decrees, presidential decrees, international contractual and other commitments of the Republic of Belarus to the Constitution and international legal acts ratified by the Republic of Belarus;

about compliance of acts of interstate educations which include the Republic of Belarus, the presidential decrees issued in pursuance of the law, to the Constitution, international legal acts ratified by the Republic of Belarus, to the laws and decrees;

about compliance of resolutions of Council of Ministers, acts of the Supreme Court, Supreme Economic Court, the Attorney-General of the Constitution, to the international legal acts ratified by the Republic of Belarus, to the laws, decrees and decrees;

about compliance of acts of any other state body of the Constitution, to the international legal acts ratified by the Republic of Belarus, to the laws, decrees and decrees.

The constitutional court considers questions of constitutionality of the acts specified in part one of this Article as in general, and their separate provisions.

In the cases provided by the Constitution, the Constitutional Court according to the proposal of the President draws the conclusion about availability of the facts of systematic or gross violation by chambers of Parliament of the Constitution of the Republic of Belarus.

The constitutional court according to the Law "About the Constitutional Court of the Republic of Belarus" considers also questions about (about):

1) annual messages to the President of the Republic of Belarus and chambers of Parliament of the Republic of Belarus about condition of the constitutional legality in the republic;

2) interpretation of solutions of the Constitutional Court;

3) realization of the right granted to it to introduce to the President of the Republic of Belarus, chambers of Parliament of the Republic of Belarus, Council of Ministers of the Republic of Belarus, other state bodies according to their competence offers on need of entering into acts of the current legislation of changes and amendments, adoptions of new regulations;

4) entering into the state and other bodies of other offers following from powers of Court;

5) elections of the vice-chairman of the Constitutional Court;

6) responsibility of officials and citizens in cases, stipulated in Article 46 specified the Law;

7) suspension of powers of the judge of the Constitutional Court;

8) introduction to the President of the Republic of Belarus, Council of the Republic of National assembly of the Republic of Belarus ideas of the termination of powers of the judge on the bases provided by the law;

9) Regulations of the Constitutional Court;

10) structure and staff list of the Secretariat of the Constitutional Court;

11) Scientific and consulting council in case of the Constitutional Court.

The constitutional court can also consider and other questions connected with the organization of its activities.

Article 3. Basic principles of activities of the Constitutional Court

The basic principles of activities of the Constitutional Court are legality, independence, collective nature, publicity, ustnost, equality and competitiveness of the parties.

Constitutional court, resolving cases, is guided by the Constitution of the Republic of Belarus, international legal acts ratified by the Republic of Belarus, and also the laws and other regulations.

The constitutional court in case of execution of the functions is independent. Independence of the Constitutional Court is provided with special procedure for appointment, election of judges and their dismissal, immunity of judges, the established procedure of hearing of cases and the questions which are within the competence of the Constitutional Court, the mystery of meeting of judges in the consultative room, responsibility for disrespect for the Constitutional Court or intervention in its activities, creation of proper organizational specifications for its work and also the material and social security of judges corresponding to their high status.

Hearing of cases and the questions which are within the competence of the Constitutional Court is performed jointly.

Cases and questions are resolved by the Constitutional Court openly, except as specified, provided by part three of article 26 of the Law of the Republic of Belarus "About the Constitutional Court of the Republic of Belarus".

Trial in meetings of the Constitutional Court happens orally. During hearing of cases the Constitutional Court hears the parties, their representatives, experts, specialists, witnesses, other participants of judicial session, announces the documents which are available in case.

By hearing of cases and questions the Constitutional Court of the party have the equal rights.

Article 4. Inadmissibility of impact on the Constitutional Court and its members

The direct or indirect impact on the Constitutional Court or its members connected with activities for implementation of the constitutional control inadmissibly is also attracted by legal accountability.

Article 5. Implementation of the constitutional legal proceedings on the basis of equality of participants of meeting before the law and court

Production on cases in the Constitutional Court is performed on the basis of equality of the parties and their representatives, witnesses, experts, specialists, translators, other participants of meeting before the law and court irrespective of origin, social and property status, racial and national identity, political convictions, floor, education, language, the relation to religion, sort and nature of occupations, the residence, accommodation time in this area and other circumstances.

Article 6. Presumption of constitutionality of regulations

By consideration of questions of compliance of regulations of the Constitution the Constitutional Court proceeds from presumption of their constitutionality.

Article 7. Providing comprehensive, complete and objective investigation of circumstances by consideration of questions

By consideration of questions the Constitutional Court is not connected by arguments of the parties. The constitutional court shall, without being limited to the provided materials, explanations and indications, to accept everything provided by the Law "About the Constitutional Court of the Republic of Belarus" and these Regulations of measure for comprehensive, complete and objective investigation of the facts of the case, providing the rights of the parties, other participants, proper execution the obligations assigned to them with them.

Article 8. Language of the constitutional legal proceedings

Proceedings in the Constitutional Court are conducted in the Belarusian and (or) Russian languages.

Or Russian, the Constitutional Court the right to offer explanations, indications, to declare petitions in the native language or in other language which they know, and also to use translation service is provided to the participants of meeting who are not owning Belarusian. The obligation on ensuring judicial session by the translator is assigned to the relevant structural division of the Secretariat of the Constitutional Court.

Copies of the offer on verification of the regulation regarding its constitutionality and the materials attached to it are handed to other party in original language. Court documents are handed to the parties, and in case of need and to other participants of judicial session in legal proceedings language (Belarusian or Russian).

Article 9. Calculation of terms

Legal proceedings are made in the terms established by articles 27 and 33 of the Law "About the Constitutional Court of the Republic of Belarus" or appointed the Constitutional Court.

The procedural terms established by the specified Law are estimated for years, months, weeks and days. Calculation of procedural terms begins next day after calendar date which determines their beginning.

The term estimated for years expires in the corresponding month and day of the last year of fixed term.

The term estimated for months expires in the corresponding month and day of the last month of fixed term. If the termination of the term estimated for months falls on month which has no corresponding number, then term expires in the last day of this month.

The term estimated for weeks expires in the corresponding day of the last week of fixed term.

In cases when the last day of term falls on non-working day, the first working day following it is considered day of the termination of term.

Article 10. Providing procedure and safety in meeting of the Constitutional Court

All participants of judicial session and other persons which are present at the hall of meeting shall treat with respect the Constitutional Court and statutory rules of judicial process and etiquette, to implicitly submit to orders of the chairman.

The constitutional court can dispose about measures of check of persons wishing to be present at consideration of questions at court session including verification of identity documents, and also in accordance with the established procedure survey of things and personal inspection.

Violation of procedure in meeting of the Constitutional Court, non-obedience to orders of the procedure for meeting presiding about observance, neglect attract with the rules accepted in the Constitutional Court the responsibility established by the law.

Section II. Procedure for business management in the Constitutional Court

Chapter 2. General terms of consideration of questions in meeting of the Constitutional Court

Article 11. Convocation of meetings of the Constitutional Court

On all questions carried by the Law "About the Constitutional Court of the Republic of Belarus" to competence of the Constitutional Court as collegiate organ on which the decision shall be passed judicial session is appointed the Constitutional Court.

The meeting of the Constitutional Court is held with observance of the rules and procedures established by these Regulations for consideration of appropriate questions.

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