The Constitutional Court of the Republic of Belarus (hereinafter ‒ the Constitutional Court) was established in April 1994 according to the Constitution of the Republic of Belarus. It is a judicial body to review the constitutionality of normative legal acts in the State, to ensure the supremacy of the Constitution and its direct effect.

 

The Constitution of the Republic of Belarus (hereinafter ‒ the Constitution), the Code of the Republic of Belarus on Judicial System and Status of Judges, the Law of the Republic of Belarus «On the Constitutional Proceedings», Rules of the Constitutional Court of the Republic of Belarus are the legal basis for the organisation and activities of the Constitutional Court.

 

The Constitutional Court is formed of 12 judges from amongst highly qualified specialists in the field of law. Six judges are appointed by the President of the Republic of Belarus and six are elected by the Council of the Republic of the National Assembly – a house of the Parliament.

The judges of the Constitutional Court are appointed (elected) for a term of eleven years and may be re-appointed (re-elected). The retirement age of the members of the Constitutional Court is 70 years.

The Chairperson of the Constitutional Court is appointed by the President of the Republic of Belarus with the consent of the Council of the Republic of the National Assembly from amongst the judges of the Constitutional Court for a 5-year term.

The Deputy Chairperson of the Constitutional Court is elected by the Constitutional Court from amongst the judges of the Constitutional Court upon the recommendation of the Chairperson of the Constitutional Court for a 5-year term.

 

The Constitutional Court is empowered:

to deliver judgments on conformity of normative legal acts, obligations under treaties and other international commitments of the Republic of Belarus, acts of interstate formations to which the Republic of Belarus is a party to the Constitution in the exercise of subsequent review;

to give its conclusion on existence of facts of systematic or gross violations of the Constitution by the Houses of the National Assembly of the Republic of Belarus;

to make decisions on conformity of laws adopted by the National Assembly (except laws prepared in connection with conclusion, execution, suspension and termination of international treaties of the Republic of Belarus) to the Constitution before their signing by the President of the Republic of Belarus in the exercise of obligatory preliminary review;

to make decisions on conformity of international treaties of the Republic of Belarus which have not yet entered into force to the Constitution;

to make decisions on existence of facts of systematic or gross violation of requirements of the legislation by the local councils of deputies;

to give the official interpretation of decrees and edicts of the President of the Republic of Belarus concerning constitutional rights, freedoms and duties of individuals;

to state its position on conformity of the documents adopted (issued) by foreign states, international organisations and (or) their bodies and affecting the interests of the Republic of Belarus to generally recognised principles and rules of international law;

to review the constitutionality of guidelines for rule-making and law-enforcement practice of state bodies including judicial and law-enforcement bodies;

to make decisions on elimination of legal gaps, collisions and legal uncertainty in normative legal acts;

to adopt annual messages to the President of the Republic of Belarus and the Houses of the National Assembly of the Republic of Belarus on constitutional legality in the Republic of Belarus.

 

The President of the Republic of Belarus, the Houses of Parliament ‒ the National Assembly (the House of Representatives and the Council of the Republic), the Supreme Court, the Government ‒ the Council of Ministers are entitled to address the Constitutional Court.

Other state bodies, other organisations as well as individuals, including individual entrepreneurs, shall address officials and bodies entitled to make proposals to the Constitutional Court with the initiative of making proposals that shall be considered within the jurisdiction of the Constitutional Court.

 

The Constitutional Court through its decisions and legal positions by proceeding from the rule of law and revealing constitutional legal meaning of provisions of laws and other normative legal acts contributes to elaboration of legal mechanisms for development and protection of constitutional values and achievement of significant constitutional goals, directs the legislator and law-enforcement bodies to the strict observance of constitutional provisions and their effective implementation.