The journey of Belarus, which is the former Soviet Republic, began in
1991. The official languages are Belarusian and Russian. Over 55% are
Christians and 41% are atheists. They have Population of 93,50,000
people in 2,07,595 sq. Km.
The constitution strongly declares the sovereignty of the people. The people are the main source of power of the state.
Although a former communist state, trade and commerce have been
facilitated. Mineral resources, water and forests are state property.
Besides, all agricultural lands are state property.
The Constitution places great emphasis on the guarantee of human rights
and civil service. There will be no monopoly on media ownership. If
someone is unemployed due to lack of skills; then specialized training
and skill improvement measures will be ensured for them.
These
are positive aspects. Now let's discuss the negative aspects. The
President has the unlimited power to issue decrees which has equal power
of parliamentary law. If this power is misused, there is no significant
way to control the president quickly. Although this decree will be
voted in the legislature, but the process is questionable.
Admirable Articles of Belarus’s Constitution
Article 3
The people shall be the sole source of state power and the bearer of sovereignty in the Republic of Belarus. The people shall exercise their power directly, through representative and other bodies in the forms and within the confines determined by the Constitution.
Any actions aimed at changing the constitutional system and seizing state power by forcible means or by way of any other violation of the laws of the Republic of Belarus shall be punishable by law.
Article 13
Property may be state-owned or private.
The State shall grant equal rights to all to conduct economic and other activities, except for those prohibited by law, and guarantee equal protection and equal conditions for the development of all forms of ownership.
The State shall promote the development of co-operation.
The State shall guarantee to all equal opportunities for free utilisation of abilities and property for entrepreneurial and other types of economic activities which are not prohibited by the law.
The State shall regulate economic activities in the interests of the individual and society, and shall ensure the direction and co-ordination of state and private economic activity for social purposes.
The mineral wealth, waters and forests are the exclusive property of the State. The land for agricultural use is the property of the State.
Law may determine facilities that are in the ownership of the State only, or establish a special procedure for their transfer to private ownership, or grant the State an exclusive right to conduct certain types of activity.
The State shall guarantee the working people the right to participate in management of enterprises, organizations and establishments to enhance their efficiency and improve social and economic living standards.
Article 21
Safeguarding the rights and freedoms of the citizens of the Republic of Belarus shall be the supreme goal of the State.
Everyone has the right to a decent standard of living, including appropriate food, clothing, housing and a continuous improvement of conditions necessary to attain this.
The State shall guarantee the rights and freedoms of citizens of Belarus that are enshrined in the Constitution and the laws, and specified by the State’s international obligations.
Article 22
All shall be equal before the law and have the right to equal protection of their rights and legitimate interests without any discrimination.
Article 23
Restriction of personal rights and freedoms shall be permitted only in the instances specified in law, in the interests of national security, public order, protection of the morals and health of the population as well as rights and freedoms of other persons. No one may enjoy advantages and privileges that are contrary to law.
Article 24
Everyone has the right to life.
The State shall protect life of the individual against any unlawful infringements.
Until its abolition, the death penalty may be applied in accordance with law as an exceptional measure of punishment for especially grave crimes and only in accordance with a court sentence.
Article 25
The State shall safeguard personal liberty, inviolability and dignity. The restriction or denial of personal liberty is possible in the instances and under the procedure specified in law.
A person who has been taken into custody shall be entitled to a judicial investigation into the legality of his detention or arrest.
No one shall be subjected to torture or cruel, inhuman or undignified treatment or punishment, or be subjected to medical or other experiments without one’s consent.
Article 26
No one may be found guilty of a crime unless his guilt is proven under the procedure specified in law and established by the verdict of a court of law that has acquired legal force. A defendant shall not be required to prove one’s innocence.
Article 29
The right of the people to be secure in their houses and other legitimate effects shall be guaranteed. No person shall have the right, save in due course of law to enter the premises or other legal property of a citizen against one’s will.
Article 32 (Part of it)
Marriage, the family, motherhood, fatherhood, and childhood shall be under the protection of the State.
On reaching the age of consent women and men shall have the right to enter into marriage on a voluntary basis and start a family. A husband and wife shall be equal in family relationships.
Article 33
Everyone is guaranteed freedom of thoughts and beliefs and their free expression.
No one shall be forced to express one’s beliefs or to deny them. No monopolization of the mass media by the State, public associations or individual citizens and no censorship shall be permitted.
Article 35
The freedom to hold assemblies, rallies, street marches, demonstrations and pickets that do not disturb law and order or violate the rights of other citizens of the Republic of Belarus, shall be guaranteed by the State. The procedure for conducting the above events shall be determined by the law.
Article 41 (Part of it)
Citizens of the Republic of Belarus shall be guaranteed the right to work as the worthiest means of an individual’s self-assertion, that is, the right to choose of one’s profession, type of occupation and work in accordance with one’s vocation, capabilities, education and vocational training, and having regard to social needs, and the right to healthy and safe working conditions.
The State shall create conditions necessary for full employment of the population.
Where a person is unemployed for reasons which are beyond one’s control, he shall be guaranteed training in new specializations and an upgrading of his qualifications having regard to social needs, and to an unemployment benefit in accordance with the law.
Citizens shall have the right to protection of their economic and social interests, including the right to form trade unions and conclude collective contracts (agreements), and the right to strike.
Article 47 (Part of it)
Citizens of the Republic of Belarus shall be guaranteed the right to social security in old age, in the event of illness, disability, loss of fitness for work and loss of a bread-winner and in other instances specified in law.
Article 48
Citizens of the Republic of Belarus shall be entitled to housing. This right shall be safeguarded by the development of state, and private housing and assistance for citizens in the acquisition of housing.
The State and local self-government shall grant housing free of charge or at available prices in accordance with the law to citizens who are in need of social protection. No one may be deprived of housing arbitrarily.
Article 49
Everyone shall have the right to education. Accessible and free general, secondary and vocation-technical education shall be guaranteed.
Secondary specialized and higher education shall be accessible to all in accordance with the capabilities of each individual. Everyone may, on a competitive basis, obtain the appropriate education at state educational establishments free of charge.
Article 53
Everyone shall respect the dignity, rights, liberties and legitimate interests of others.
Article 56
Citizens of the Republic of Belarus shall contribute towards the funding of public expenditure through the payment of state taxes, dues and other payments.
Article 132
The financial and credit system of the Republic of Belarus shall include the budget system, the banking system, as well as the financial resources of non-budget funds, funds of enterprises, establishments, organizations and citizens.
A unified fiscal, tax, credit and currency policy shall be pursued in the territory of the Republic of Belarus.
Article 133 (Part of it)
The budget system of the Republic of Belarus shall include the national budget and local budgets.
Budget revenue shall be raised from the taxes specified in law, other mandatory payments, as well as other receipts.
Facts of Belarus’s Constitution
The President shall issue decrees and orders on the basis and in accordance with the Constitution which are mandatory in the territory of the Republic of Belarus.
In instances determined by the Constitution, the President shall issue decrees which have the force of the law. The President shall ensure directly or through specially formed bodies the execution of the decrees, orders and instructions.
Article 101 (Part of it)
In instances of necessity the President may personally initiate or to
the proposal of the Government may issue temporary decrees which have
the power of law. If such decrees are issued on the initiative of the
Government, they shall be signed by the Prime minister. Temporary
decrees shall be submitted for further approval within three days of
their adoption to the House of Representatives, and then to the Council
of the Republic. These decrees shall be valid if they are not rejected
by a majority of no fewer than two-thirds of votes of the full
composition of both chambers. The chambers may regulate through legislation issues which have emerged due to decrees, which have been
abolished.
