of March 27, 1992 No. 1547-XII
About the status of the deputy of local council of deputies
This Law determines powers of the deputy of local council of deputies, establishes the basic legal and social guarantees of their implementation.
The deputy of local council of deputies (further - the deputy of Council) is freely chosen citizens living in the territory entering the constituency the representative, the representative to participate in implementation of the government by local council of deputies (further - Council), to represent the voters in state bodies and other organizations, to perform other powers provided by the Constitution of the Republic of Belarus, this Law and other acts of the legislation of the Republic of Belarus.
The citizen of the Republic of Belarus who reached 18 years can be the deputy of Council.
The legislation of the Republic of Belarus on the status of the deputy of Council is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation of the Republic of Belarus, including regulations of Councils.
The deputy of Council participates in implementation of the government by Council by active and equal participation in consideration of the questions carried by the Constitution of the Republic of Belarus and other acts of the legislation of the Republic of Belarus to competence of Council.
The deputy of Council during the implementing of the activities and accomplishment of the election programme according to the Constitution of the Republic of Belarus, this Law and other acts of the legislation of the Republic of Belarus has the right to express freely the opinion and to vote, being guided by the beliefs and considering interests of citizens and feature of development of the corresponding administrative and territorial unit.
Term of office of the deputy of Council - four years.
The term of implementation of powers by the deputy of Council begins from the date of opening of the first session of newly elected Council and comes to an end in the opening day of the first session of Council of new convocation, except as specified, of the stipulated in Article 6 these Laws.
The part three of Article 4 is excluded according to the Law of the Republic of Belarus of 25.11.2013 No. 72-Z
In case of violation in some cases of the legislation of the Republic of Belarus on elections Council makes the decision on recognition of powers of certain deputies of Council invalid.
The deputy of Council performs the powers without separation from labor (office) activity, except the chairman of the board, and uses the corresponding guarantees provided by this Law and other acts of the legislation of the Republic of Belarus. The chairman of the board performs the powers on professional basis.
The deputy of Council cannot be at the same time the deputy of the House of Representatives of National assembly of the Republic of Belarus, the chairman regional, Minsk city, district, city (except the cities of district subordination) executive committee, and also the judge.
The chairman of the board cannot hold other state positions, except as specified, provided by legal acts of the Republic of Belarus, and also be engaged in working hours in other paid work (activities), except teaching, scientific, cultural, creative activities, the medical practice performed according to the procedure and on the conditions established by the legislation of the Republic of Belarus.
The deputy of Council has no right to get from foreign states the documents granting the rights to privileges and benefits in connection with political, religious views or national identity, and equally to take such privileges and advantages if other does not follow from international treaties of the Republic of Belarus.
The deputy of Council having the documents specified in part four of this Article shall transfer them for the period of implementation of the powers to the relevant local executive and administrative organ.
Powers of the deputy of Council stop ahead of schedule according to the decision of the relevant Council in connection with (with):
recognition of elections by invalid;
election or appointment of the deputy of Council to position which occupation according to the Constitution of the Republic of Belarus, this Law and other legal acts of the Republic of Belarus is incompatible with implementation of powers of the deputy of Council;
disagreement of the deputy of Council within three months after election as his deputy of Council to exempt position which occupation according to the Constitution of the Republic of Belarus, this Law and other legal acts of the Republic of Belarus is incompatible with implementation of powers of the deputy of Council;
the written application of the deputy of Council about abdication for health reasons or in view of other circumstances interfering their implementation;
termination of nationality of the Republic of Belarus;
recognition of the deputy of Council by a court decision incapacitated;
the conviction of court against person who is the deputy of Council which took legal effect;
response of the deputy of Council;
change of the administrative-territorial device – in the cases provided by legal acts of the Republic of Belarus.
In case of non-compliance with the restrictions set by parts four and the fifth article 5 of this Law, powers of the deputy of Council for the decision of the relevant Council can be ahead of schedule stopped.
Powers of the chairman of the board stop ahead of schedule also on the bases, stipulated by the legislation the Republic of Belarus about public service for the termination of public service.
The decision on early termination of powers of the deputy of Council is drawn up by the decision of Council in which it is specified, since what moment of its power stop.
In case of early termination of powers (dissolution) of Council, and also the death of the deputy of Council of power of the deputy of Council stop without adoption of the decision by Council.
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