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LAW OF THE REPUBLIC OF BELARUS

of January 8, 2014 No. 124-Z

About the constitutional legal proceedings

(as amended of the Law of the Republic of Belarus of 22.12.2016 No. 13-Z)

Accepted by the House of Representatives on December 16, 2013

Approved by Council of the Republic on December 19, 2013

Section I General provisions

Chapter 1 Basic provisions

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

For the purposes of this Law the following main terms and their determinations are applied:

the act - regulatory legal act; the law 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, provided by part five of article 100 of the Constitution of the Republic of Belarus (except for the laws prepared in connection with the conclusion, execution, suspension of action and the termination of international treaties of the Republic of Belarus), - before its signing by the President of the Republic of Belarus (further, unless otherwise specified, - the law adopted by Parliament of the Republic of Belarus); international contractual or other commitment of the Republic of Belarus; the act of interstate education which includes the Republic of Belarus (further - the act of interstate education); not become effective international treaty of the Republic of Belarus;

the initiative address - the address of the citizen, including individual entrepreneur, the organization (except for state bodies) (further - the organization) to authorized body with initiative about entering into the Constitutional Court of the Republic of Belarus (further, unless otherwise specified, - the Constitutional Court) offers on check of constitutionality of the regulatory legal act applied in specific the decision of state body or the court order of the general jurisdiction therefore, according to the citizen, including the individual entrepreneur, the organization, the rights, freedoms and legitimate interests of the citizen, including individual entrepreneur, the right and legitimate interests of the organization are violated;

the initiator - the authorized body which made the offer in the Constitutional Court on check of constitutionality of regulatory legal act, the international contractual or other commitment of the Republic of Belarus, the act of interstate education; The President of the Republic of Belarus who made the offer in the Constitutional Court on check of constitutionality of not become effective international treaty of the Republic of Belarus; The President of the Republic of Belarus who made the offer in the Constitutional Court on making the conclusion about availability of the facts of systematic or gross violation by chambers of National assembly of the Republic of Belarus the Constitution of the Republic of Belarus; The Presidium of Council of the Republic of National assembly of the Republic of Belarus which made the offer in the Constitutional Court on decision making about availability of the facts of systematic or gross violation by local council of deputies of requirements of the legislation; The president of the Republic of Belarus who made the offer in the Constitutional Court on official interpretation of the decree or presidential decree of the Republic of Belarus, the concerning constitutional rights, freedoms and obligations of citizens; The President of the Republic of Belarus who made the offer in the Constitutional Court on conducting check of constitutionality of the directions of rule-making activities and law-enforcement practice of courts, law enforcement and other state bodies determined by the Head of state; 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 which made offers in the Constitutional Court on statement of line item of the Constitutional Court 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;

the constitutional legal proceedings - the procedure for consideration determined by this Law and other legal acts in the Constitutional Court of cases, adoptions on them of the conclusions or decisions, and also making by judges of the Constitutional Court and participants of the constitutional legal proceedings of the legal proceedings directed to implementation of the procedural law granted to them and execution of procedural obligations by them;

the international contractual commitment of the Republic of Belarus - the interstate or intergovernmental agreement which became effective for the Republic of Belarus;

not become effective international treaty of the Republic of Belarus - the interstate or intergovernmental agreement which did not become effective for the Republic of Belarus which consent to be bound for the Republic of Belarus is expressed in the form of the law or the presidential decree of the Republic of Belarus, and also the interstate or intergovernmental agreement signed by the Republic of Belarus which consent to be bound for the Republic of Belarus shall be expressed in the form of the law or the presidential decree of the Republic of Belarus;

the subsequent control - carrying out by the Constitutional Court of check of constitutionality of the acts specified in part four of article 116 of the Constitution of the Republic of Belarus;

preliminary control - carrying out by the Constitutional Court of obligatory check of constitutionality of the laws adopted by Parliament of the Republic of Belarus, and also check of constitutionality of not become effective international treaties of the Republic of Belarus;

the parties - the initiator; the state body or the official who adopted (published) regulatory legal act which constitutionality is subject to check; state body within which competence the questions containing in the international contractual or other commitment of the Republic of Belarus, the act of interstate education, not become effective international treaty of the Republic of Belarus which constitutionality is subject to check are; chambers of National assembly of the Republic of Belarus in case of introduction by the President of the Republic of Belarus of the offer in the Constitutional Court on making the conclusion about availability of the facts of systematic or gross violation by chambers of National assembly of the Republic of Belarus the Constitution of the Republic of Belarus; local council of deputies in case of entering of Council of the Republic of National assembly of the Republic of Belarus by Presidium of the offer into the Constitutional Court on decision making about availability of the facts of systematic or gross violation by local council of deputies of requirements of the legislation; court, law enforcement agency or other state body in case of entering of the offer by the President of the Republic of Belarus into the Constitutional Court on conducting check of constitutionality of the directions of rule-making activities and law-enforcement practice of these of court, body determined by the Head of state;

the judge-speaker - the judge of the Constitutional Court appointed the Chairman of the Constitutional Court for preparation of case for consideration in judicial session;

authorized body - 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 (its Presidium), the Supreme Court of the Republic of Belarus, the Council of Ministers of the Republic of Belarus allocated with article 116 of the Constitution of the Republic of Belarus, the Code of the Republic of Belarus about judicial system and the status of judges, this Law and other legal acts the right of entering into the Constitutional Court of relevant proposals, which consideration to subordinated Constitutional Court;

the participant of judicial session - person taking in accordance with the established procedure part in meeting of the Constitutional Court in which case is considered.

Article 2. Legislation on the constitutional legal proceedings

The legislation on the constitutional legal proceedings consists of the Constitution of the Republic of Belarus, the Code of the Republic of Belarus about judicial system and the status of judges, this Law, other legal acts.

Article 3. Coverage of this Law

This Law determines procedure of the constitutional legal proceedings:

on the cases referred to competence of the Constitutional Court by the Constitution of the Republic of Belarus, the Code of the Republic of Belarus about judicial system and the status of judges, other legal acts including on cases about (about):

to check of constitutionality of the laws adopted by Parliament of the Republic of Belarus according to the procedure of mandatory preliminary control;

to check of constitutionality of not become effective international treaties of the Republic of Belarus according to the procedure of preliminary control;

to check of constitutionality of regulatory legal acts according to the procedure of the subsequent control;

to check of constitutionality of the international contractual and other commitments of the Republic of Belarus according to the procedure of the subsequent control;

to check of constitutionality of acts of interstate educations according to the procedure of the subsequent control;

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;

availability of the facts of systematic or gross violation by local councils of deputies of requirements of the legislation;

to giving official interpretation of the decrees and presidential decrees of the Republic of Belarus concerning constitutional rights, freedoms and obligations of citizens;

statement of line item of the Constitutional Court 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;

to check of constitutionality of the directions of rule-making activities and law-enforcement practice of courts, law enforcement and other state bodies determined by the Head of state;

elimination in regulatory legal acts of gaps, exception in them of collisions and legal uncertainty;

on consideration of question of adoption of annual 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.

Chapter 2. Principles of the constitutional legal proceedings

Article 4. Legality

The constitutional court performs the constitutional legal proceedings on the basis of the Constitution of the Republic of Belarus, the Code of the Republic of Belarus about judicial system and the status of judges, this Law and other legal acts.

Article 5. Independence of judges of the Constitutional Court

Judges of the Constitutional Court when implementing the powers are independent and submit only to the law.

Intervention in their activities for implementation of the powers is not allowed and attracts responsibility according to legal acts.

Judges of the Constitutional Court make decisions in the conditions excluding any foreign impact on freedom of forming of their internal belief and declaration of will.

Article 6. Collective nature

Cases are considered by the Constitutional Court competent structure jointly.

Article 7. Publicity

The constitutional court considers cases in judicial session openly.

For the purpose of protection of the data constituting the state secrets or other secret protected by the law, containing in case papers the closed judicial session is held.

Consideration of the case in the closed judicial session is performed according to the procedure of the constitutional legal proceedings determined by this Law and other legal acts and conducted with participation of the parties, their representatives, plenipotentiaries. The possibility of presence at the closed judicial session of other persons, including the employees of the Secretariat of the Constitutional Court providing carrying out judicial session is determined by the Chairman of the Constitutional Court in coordination with other judges of the Constitutional Court.

About consideration of the case in the closed judicial session the Constitutional Court accepts determination.

Article 8. Competitiveness

Hearing of cases in the Constitutional Court is performed on the basis of competitiveness.

The parties at discretion produce the evidence, declare petitions, express opinions, including concerning arguments of other party if other is not provided by this Law.

Article 9. Equality of the parties

Hearing of cases in the Constitutional Court is performed on the basis of equality of the parties.

The parties have the equal rights on representation and research of proofs, the statement of petitions, the statement of opinion on any question concerning case.

Article 10. Comprehensive, complete and objective investigation of case papers

The constitutional court is not limited to the submitted documents, other materials and explanations and takes the measures necessary for comprehensive, complete and objective investigation of case papers.

The constitutional court provides to the parties, their representatives, other participants of judicial session necessary conditions for implementation of the procedural law granted to them and execution of procedural obligations by them.

Article 11. Use of oral and written forms of the constitutional legal proceedings

Hearing of cases in judicial session is performed with use of oral form of the constitutional legal proceedings, except as specified, provided by this Law when the Constitutional Court considers cases with use of written form of the constitutional legal proceedings.

Consideration of the case with use of oral form of the constitutional legal proceedings is performed by direct hearing in judicial session of explanations of the parties, their representatives, testimonies of witnesses, expert opinions, explanations of specialists, other participants of judicial session, announcement of written instruments and other case papers.

Consideration of the case with use of written form of the constitutional legal proceedings is performed based on the written instruments and other materials provided to the Constitutional Court and (or) requested by it in the course of preparation of case for consideration in judicial session, as a rule, without challenge of the parties, their representatives, witnesses, experts, specialists, other persons in judicial session.

When considering the case with use of written form of the constitutional legal proceedings use of elements of oral form of the constitutional legal proceedings is allowed (participation in judicial session of plenipotentiaries, and according to the solution of the Constitutional Court - representatives of other state bodies, other organizations).

Article 12. Language of the constitutional legal proceedings

The constitutional legal proceedings are conducted in the Belarusian and (or) Russian languages.

The conclusions and solutions of the Constitutional Court are subject to official publication in the Belarusian and (or) Russian languages.

The right of acquaintance with all case papers, participation in legal proceedings through the translator, the right to appear in court, including to offer explanations, to declare petitions in language which they know are provided to the participants of judicial session who are not knowing or insufficiently knowing language in which the constitutional legal proceedings are conducted. In these cases the specified participants of judicial session have the right to use translation service free of charge.

Article 13. Presumption of constitutionality of acts

The act is constitutional if other is not acknowledged as the conclusion, the solution of the Constitutional Court.

The Section II Competent structure of the Constitutional Court in judicial session. Participants of the constitutional legal proceedings

Chapter 3 Competent structure of the Constitutional Court in judicial session

Article 14. Competent structure of the Constitutional Court in judicial session

The constitutional court is competent to consider cases in judicial session in the presence of at least eight judges of the Constitutional Court (quorum of judges of the Constitutional Court).

Article 15. Invariance of structure of the Constitutional Court

Case is considered by the Constitutional Court, as a rule, in the same list of judges.

Other judges of the Constitutional Court can take part in further review of case after the beginning of consideration of the case in judicial session on the solution of the Constitutional Court. Determination of the Constitutional Court about participation of these judges in further review of case is accepted by a majority vote from number of the present judges of the Constitutional Court.

Article 16. Rejection of the judge of the Constitutional Court and procedure for its permission

The judge of the Constitutional Court cannot be involved in consideration of the case and shall declare the rejection if:

the judge owing to official position participated earlier in preparation of the act which is constitutionality check subject;

the judge is connected with agents of the parties by the related or family relations;

the judge personally is directly or indirectly interested in the outcome of the case or there are other circumstances raising doubts in its objectivity and impartiality.

The statement of the judge of the Constitutional Court for rejection is allowed by the Constitutional Court in the consultative room.

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