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. The Constitutional Court exercises review of the constitutionality of normative legal acts in the state by means of constitutional proceedings in order to protect the constitutional order of the Republic of Belarus, the rights and freedoms of man and citizen guaranteed by the Constitution, to ensure the supremacy of the Constitution and its direct effect in the territory of the Republic of Belarus.
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», the Rules of Procedure of the Constitutional Court of the Republic of Belarus constitute the legal basis for the organisation and operation of the Constitutional Court.
The Constitutional Court shall be formed of 12 judges from among highly qualified specialists in the field of law. The Chairperson, the Deputy Chairperson and judges of the Constitutional Court shall be elected and dismissed from office by the All-Belarusian People’s Assembly. The Chairperson and the Deputy Chairperson of the Constitutional Court shall be elected from among the judges of the Constitutional Court.
The judges of the Constitutional Court shall be elected for 11 years.
The Constitutional Court shall, on the proposals of the President, the Presidium of the All-Belarusian People’s Assembly, the House of Representatives, the Council of the Republic, the Supreme Court, the Council of Ministers, deliver conclusions:
on the interpretation of the Constitution;
on the conformity to the Constitution of laws, edicts of the President, resolutions of the Council of Ministers, normative legal acts of other state bodies.
The Constitutional Court shall, on the proposals of the President, deliver conclusions:
on the constitutionality of draft laws on changes and additions to the Constitution;
on the conformity to the Constitution of laws adopted by the Parliament prior to their signing by the President;
on the constitutionality of issues put to the republican referendum;
on the conformity to the Constitution of the treaties of the Republic of Belarus prior to their entry into force.
In instances specified by the Constitution, the Constitutional Court shall deliver conclusions within two weeks:
on the proposal of the Presidium of the All-Belarusian People’s Assembly on the facts of consistent or gross violation of the Constitution by the President;
on the proposal of the President on the facts of consistent or gross violation of the Constitution by the Houses of Parliament.
The Constitutional Court, shall on the proposal of the Presidium of the All-Belarusian People’s Assembly, deliver conclusions on the constitutionality of the elections of the President, deputies of the House of Representatives and members of the Council of the Republic.
The Constitutional Court shall, under the procedure established by law, take decisions:
on the citizens’ complaints of violations of their constitutional rights and freedoms, reviewing the constitutionality of the laws applied to a specific case, if all other judicial remedies have been exhausted;
on requests of the courts, reviewing the constitutionality of normative legal acts to be applied in trying specific cases by the courts.
The Constitutional Court shall, under the procedure established by law:
take decisions on elimination of legal gaps, collisions and legal uncertainty in normative legal acts.
on the proposals of the President, the House of Representatives, the Council of the Republic, the Council of Ministers, 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;
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 Constitutional Court through its decisions and legal positions, 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, focuses the legislator and law-enforcement bodies on the strict observance of constitutional provisions and their effective implementation.