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On 7 October 2021, by virtue of Article 116.1 of the Constitution of the Republic of Belarus, Article 22.3.2 of the Code of the Republic of Belarus on Judicial System and Status of Judges, Articles 98 and 102 of the Law of the Republic of Belarus “On Constitutional Proceedings”, the Constitutional Court of the Republic of Belarus considered the constitutionality of the Law of the Republic of Belarus “On Making Amendments to the Constitution of the Republic of Belarus” (reporting judge – Olga Sergeeva), adopted by the Parliament of the Republic of Belarus, in the exercise of obligatory preliminary review

1. According to the Law on amending the Constitution (Article 1.1), Article 67 of the Constitution, which provides that elections of deputies shall be direct: deputies shall be elected by citizens directly, is supplemented by a provision providing that elections of deputies shall be held on a single voting day.

The introduction of a single voting day for elections of deputies of both the House of Representatives and local Councils of Deputies was recognised by the Constitutional Court as constitutionally appropriate, since it helps to reduce the organisational and financial costs of holding elections, create additional conveniences for voters and create conditions for better work of election commissions at all levels. In addition, the simultaneous holding of elections of deputies allows the social and political forces to smoothly prepare for the electoral process.

The Constitutional Court in its decision noted that the combination of voting days for elections of deputies does not violate the legal guarantees of the realisation of the constitutional rights of citizens of the Republic of Belarus to participate in the resolution of state affairs through freely elected representatives, the principles of the electoral system and is consistent with the provisions of Articles 1.1, 3.1 , 37.1, 38, 64–68, 93.1, 118 of the Constitution, establishes constitutional and legal regulation within the limits prescribed by the provisions of Sections I and II of the Constitution.

2. In accordance with Article 1.2 of the Law on amending the Constitution, the term of office of local Councils of Deputies of the twenty-eighth convocation is changed. The Constitution is supplemented by Article 147, according to which the local Councils of Deputies of the twenty-eighth convocation shall exercise their powers until the beginning of the mandate of local Councils of Deputies elected on a single voting day.

The Constitutional Court noted that the Constitution does not contain provisions prohibiting the extension of the term of office of local Councils of Deputies. The change in the term of office of local Councils of Deputies of the twenty-eighth convocation is caused by an objective necessity arising in connection with the establishment of a single voting day, and is carried out in order to move to the conduct of elections in accordance with the Law on amending the Constitution and to combine voting days for elections of deputies.

The amendment of the term of office of local Councils of Deputies of the mentioned convocation ensures the synchronisation of the transition of elections of deputies to simultaneous voting and represents a temporary measure designed only for a transitional period. This will allow to hold elections to the local Councils of Deputies of the twenty-ninth convocation simultaneously with the elections of the deputies of the House of Representatives of the eighth convocation.

The Constitutional Court considers that the legal regulation for the transitional period ensured by the Law on amending the Constitution meets the principles of rationality and expediency, is conditioned by the introduction of a single voting day for elections of deputies, is an exceptional measure and cannot be considered as constitutionally unacceptable. Such legal regulation is not a deviation from the principles of the periodicity of elections of local Councils of Deputies and the continuity of their activities, it does not prevent the citizens of the Republic of Belarus from exercising their rights to participate in settlement of state affairs through elected representatives, to vote freely and to be elected to state bodies, as well as from exercising their electoral rights (Articles 3.1, 37.1, 38, 64–68 and 118 of the Constitution).

3. The Constitutional Court noted that the Law on amending the Constitution was adopted in accordance with Articles 97.1.1, 98.1.1, 139, 140.1 of the Constitution.

Assessing the content of the provisions of the Law on amending the Constitution, the Constitutional Court concluded that the established constitutional regulation complies with the fundamental provisions of the Constitution on the fundamentals of the constitutional system (Section I), human and civil rights (Section II), the procedure for amending the Constitution (Section VIII), is consistent with other constitutional provisions, improves the constitutional and legal regulation of public relations in the field of the election of deputies and the exercise of the electoral rights of citizens of the Republic of Belarus.