of January 8, 2014 No. 124-Z
About the constitutional legal proceedings
Accepted by the House of Representatives on December 16, 2013
Approved by Council of the Republic on December 19, 2013
1. This Law determines procedure of the constitutional legal proceedings: addresses to the Constitutional Court of the Republic of Belarus (further, unless otherwise specified, - the Constitutional Court), considerations and permissions the Constitutional Court of cases, adoptions of the conclusions, solutions of the Constitutional Court, messages to the President of the Republic of Belarus and chambers of National assembly of the Republic of Belarus (further - chambers of National assembly) about condition of the constitutional legality in the Republic of Belarus, 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 rights granted to them and execution of the obligations assigned to them.
2. This Law regulates implementation of the constitutional legal proceedings:
2.1. on the cases referred to competence of the Constitutional Court by the Constitution of the Republic of Belarus (further - the Constitution), the Code of the Republic of Belarus about judicial system and the status of judges (further - the Code), including on cases:
about interpretation of the Constitution;
about compliance of the Constitution of the laws, presidential decrees of the Republic of Belarus, resolutions of Council of Ministers of the Republic of Belarus (further - Council of Ministers), regulatory legal acts of other state bodies;
about constitutionality of drafts of the laws on modification and amendments in the Constitution;
about compliance of the Constitution of the laws adopted by the House of Representatives of National assembly of the Republic of Belarus (further - the House of Representatives) and approved by Council of the Republic of National assembly of the Republic of Belarus (further - Council of the Republic) or accepted by the House of Representatives according to the procedure, established by part six of article 100 of the Constitution, before their signing by the President of the Republic of Belarus (further, unless otherwise specified, - the law adopted by National assembly);
about constitutionality of the questions submitted for republican referendum;
about compliance of the Constitution of not become effective international treaties of the Republic of Belarus;
about availability of the facts of systematic or gross violation by the President of the Republic of Belarus of the Constitution;
about availability of the facts of systematic or gross violation by chambers of National assembly of the Constitution;
about constitutionality of elections of the President of the Republic of Belarus, deputies of the House of Representatives and members of council of the Republic;
about constitutionality of the laws applied in specific case according to the constitutional claims;
about constitutionality of the regulatory legal acts which are subject to application by consideration by courts of law (further, unless otherwise specified, - court) specific cases, on requests of courts;
about 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;
2.2. on adoption of messages to the President of the Republic of Belarus and chambers of National assembly about condition of the constitutional legality in the Republic of Belarus.
1. The act - subject to check of compliance of the Constitution (constitutionality):
1.1. law;
1.2. other regulatory legal act - the presidential decree of the Republic of Belarus, the resolution of Council of Ministers, regulatory legal act of other state body;
1.3. the bill on modification and amendments in the Constitution;
1.4. the law adopted by National assembly;
1.5. not become effective international treaty of the Republic of Belarus.
2. The applicant is the President of the Republic of Belarus, Presidium of Vsebelorussky people's assembly, state body, including court of law, the citizen which the Constitution, by the Code, this Law are granted the right to submit the corresponding address to the Constitutional Court.
3. The address - the offers submitted to the Constitutional Court, the constitutional claim or request of court conforming to requirements of this Law.
4. The offer - the address of the President of the Republic of Belarus, Presidium of Vsebelorussky people's assembly, state body:
4.1. about making the conclusion of the Constitutional Court:
about interpretation of the Constitution;
about compliance of the Constitution (constitutionality) of acts;
about constitutionality of the questions submitted for republican referendum;
about availability of the facts of systematic or gross violation by the President of the Republic of Belarus of the Constitution;
about availability of the facts of systematic or gross violation by chambers of National assembly of the Constitution;
about constitutionality of elections of the President of the Republic of Belarus, deputies of the House of Representatives and members of council of the Republic;
4.2. about 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.
5. The constitutional claim - the address of the citizen about check of constitutionality of the law applied in specific case which, according to the citizen, violates its constitutional rights and freedoms.
6. Request of court - the appeal of court of law about check of constitutionality of the regulatory legal act which is subject to application by consideration of specific case by court.
The legislation on the constitutional legal proceedings consists of the Constitution, the Code, this Law and other legal acts.
The constitutional court performs the constitutional legal proceedings based on the Constitution, the Code, this Law and other legal acts.
1. Judges of the Constitutional Court when implementing justice are independent and submit only to the law.
Intervention in their activities for implementation of justice is inadmissible and attracts legal accountability.
2. Judges of the Constitutional Court consider and resolve cases in the conditions excluding any foreign impact on freedom of forming of their internal belief and declaration of will.
Cases are considered and permitted by the Constitutional Court competent structure jointly.
1. The constitutional court considers and resolves cases in judicial session openly.
Information on date, time and the venue of judicial session is posted on the official site of the Constitutional Court on the global computer Internet in three working days prior to judicial session.
2. For the purpose of protection of the data constituting the state secrets or the 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 with participation of the parties, their representatives, plenipotentiaries. The possibility of presence at the closed judicial session of other persons the, including employees of the Secretariat of the Constitutional Court of the Republic of Belarus (further - the Secretariat of the Constitutional Court) providing carrying out judicial session is determined by the Chairman of the Constitutional Court of the Republic of Belarus (further - 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.
1. Consideration and permission of cases by the Constitutional Court are performed on the basis of competitiveness.
2. The parties at discretion produce the evidence, declare petitions, express opinions, including concerning arguments of other party.
Consideration and permission of cases by the Constitutional Court are performed on the basis of equality of the parties. The parties have the equal rights.
1. The constitutional court by consideration and permission of case 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.
2. The constitutional court provides to the parties, their representatives, other participants of judicial session necessary conditions for implementation of the rights granted to them and execution of the obligations assigned to them.
1. The constitutional court considers and resolves cases in judicial session with use of oral form of the constitutional legal proceedings if other is not provided by Items 2 and 3 of this Article.
2. The cases provided by paragraphs third, the fourth, the sixth, the seventh, tenth and twelfth subitem 2.1 of Item 2 of article 1 of this Law have the right to consider and resolve the Constitutional Court in judicial session with use of written form of the constitutional legal proceedings if the Constitutional Court (on the cases provided by paragraphs the fourth, the sixth, seventh and tenth subitem 2.1 of Item 2 of article 1 of this Law - the Chairman of the Constitutional Court) came to one of the following conclusions:
2.1. case can be considered and it is authorized based on the legal line items containing in earlier accepted conclusions, solutions of the Constitutional Court;
2.2. taking into account nature of the question raised in the address and the facts of the case there is no explicit need for oral representation of line items of the applicant and other party (in case of its availability).
3. Considers the cases provided by paragraphs the fifth, eleventh and thirteenth subitem 2.1 of Item 2 of article 1 of this Law, the Constitutional Court and permits in judicial session with use of written form of the constitutional legal proceedings according to general rules of the constitutional legal proceedings taking into account features of cases. Taking into account nature of the question raised in the address, the facts of the case, the Constitutional Court has the right to consider and resolve need for oral representation of line items of the applicant and other party (in case of its availability) case with use of oral form of the constitutional legal proceedings.
4. The form of the constitutional legal proceedings on the cases provided by paragraphs the third, eleventh or thirteenth subitem 2.1 of Item 2 of article 1 of this Law is specified in determination of the Constitutional Court about initiation of proceeedings, and on the cases provided by paragraphs the fourth or seventh and tenth subitem 2.1 of Item 2 of article 1 of this Law - in determination of the Chairman of the Constitutional Court about acceptance of case to production.
5. Consideration of the case with use of oral form of the constitutional legal proceedings is performed by direct hearing in judicial session of the parties, their representatives, witnesses, experts, specialists, other participants of judicial session, announcement of written instruments, documents in electronic form and other case papers.
6. Consideration of the case with use of written form of the constitutional legal proceedings is performed based on written instruments, documents in electronic form 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 in judicial session of the parties, their representatives, witnesses, experts, specialists, other persons.
When considering the case with use of written form of the constitutional legal proceedings with the copy of determination of the Constitutional Court about initiation of proceeedings (the copy of determination of the Chairman of the Constitutional Court about acceptance of case to production) other party (in case of its availability) sends copies of the appeal and documents attached to it and other materials for representation to the Constitutional Court in written or electronic form of response on the address. The copy of the response on the address brought into the Constitutional Court goes to the applicant for acquaintance and possible representation of objections to it.
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).
7. Requirements to documents in electronic form are determined by Regulations of the Constitutional Court of the Republic of Belarus (further - Regulations of the Constitutional Court) according to this Law and other legal acts.
1. The constitutional legal proceedings are conducted in the Belarusian and (or) Russian languages.
2. The conclusions, solutions of the Constitutional Court are subject to official publication in the Belarusian and (or) Russian languages.
3. The right of acquaintance with case papers, participation in legal proceedings through the translator, the right to appear in the Constitutional 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 on a grant basis translation service according to the procedure, established by this Law.
The act is corresponding to the Constitution (constitutional) if other is not acknowledged as the conclusion, the solution of the Constitutional Court.
The constitutional court is competent to consider and resolve cases in judicial session in the presence of at least eight judges of the Constitutional Court (quorum of judges of the Constitutional Court).
1. Case is considered and allowed by the Constitutional Court, as a rule, in the same list of judges.
2. Other judges of the Constitutional Court can take part in further review and permission of case later began its considerations in judicial session according to the solution of the Constitutional Court. On this matter the Constitutional Court accepts determination.
1. The judge of the Constitutional Court cannot participate in consideration and permission of case and shall declare rejection if:
1.1. the judge owing to official position participated earlier in preparation of the act which is subject of the constitutional control;
1.2. the judge is connected with the citizen who made the constitutional complaint, agents of the parties of the relation of scrap, relationship, property, adoption (adoption);
1.3. 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.
2. The application of the judge of the Constitutional Court for rejection is considered and allowed by the Constitutional Court in the consultative room.
About satisfaction or variation the Constitutional Court adopts statements of the judge of the Constitutional Court for rejection determination. The judge of the Constitutional Court who declared rejection does not participate in vote.
3. The constitutional court accepts determination about variation of the statement of the judge of the Constitutional Court for rejection if the arguments given by the judge in reasons for the declared rejection cannot influence objectivity of its legal line item on case.
4. The judge of the Constitutional Court which statement for rejection is rejected by the Constitutional Court shall participate in consideration and permission of case.
Participants of the constitutional legal proceedings are:
parties, their representatives;
plenipotentiaries;
representatives of other state bodies, other organizations;
witnesses;
experts;
specialists;
translators.
1. The parties are:
1.1. applicant;
1.2. the state body (official) which adopted (published) the law other regulatory legal act, compliance of the Constitution (constitutionality) of which is subject to check;
1.3. state body within which competence the questions containing in not become effective international treaty of the Republic of Belarus which compliance of the Constitution is subject to check are;
1.4. The president of the Republic of Belarus in case of entering of Vsebelorussky people's assembly by Presidium into the Constitutional Court of the offer on making the conclusion about availability of the facts of systematic or gross violation by the President of the Republic of Belarus of the Constitution;
1.5. chambers of National assembly in case of entering by the President of the Republic of Belarus into the Constitutional Court of the offer on making the conclusion about availability of the facts of systematic or gross violation by chambers of National assembly of the Constitution.
2. The party has the right to have in the matter of one or several representatives who represent its interests in the Constitutional Court.
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