The Constitutional Court of the Republic of Belarus comprising the Presiding Officer – Chairman P.P.Miklashevich, Deputy Chairperson N.A.Karpovich, judges A.N.Bodak, T.S.Boiko, T.V.Voronovich, S.Y.Danilyuk, L.G.Kozyreva, V.N.Ryabtsev, L.M.Ryabtsev, O.G.Sergeeva, A.G.Tikovenko, S.P.Chigrinov

on the basis of Article 116 of the Constitution of the Republic of Belarus, Article 6 of the Code of the Republic of Belarus on Judicial System and Status of Judges, Articles 44 and 45 of the Law of the Republic of Belarus “On Constitutional Proceedings”

expresses the constitutional legal position on the protection of the constitutional order:

1. The Constitution of the Republic of Belarus is a social contract on the organisation of society and the State, system of State power and procedure for its formation, relationship between individuals, society and the State. All citizens and government bodies of our country are bound by the provisions of the Constitution and must strictly observe the requirements of the Basic Law based on the social, State and legal significance of its content.

2. In accordance with Article 3 of the Constitution, 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.

The Constitutional Court states that on 9 August 2020, the Belarusian people, in accordance with the Constitution and electoral laws based on constitutional principles, expressed their free will and elected A.G.Lukashenko to the office of the President of the Republic of Belarus. The democratic nature and legitimacy of the presidential elections are confirmed by the observance of the principles and rules of the Constitution in the electoral process.

3. Democracy in the Republic of Belarus shall be exercised on the basis of diversity of political institutions, ideologies and opinions. By participating in elections, political parties and other public associations acting within the framework of the Constitution and laws of the Republic of Belarus shall contribute to ascertaining and expressing the political will of the citizens (Articles 4 and 5 of the Constitution).

In order to protect the constitutional rights of citizens in the electoral process, the Republic of Belarus, as a democratic state based on the rule of law, has in place the legal procedures, including through the exercise of the right to judicial protection.

4. The Constitutional Court notes that citizens of the Republic of Belarus, as bearers of constitutional rights and obligations, are subjects of the constitutional legal relationships. By participating in elections, citizens express their political will in the formation of government bodies, including the election of the President of the Republic of Belarus.

The Constitutional Court points out that when exercising political rights, citizens shall take into account that, in accordance with Article 3.2 of 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 laws of the Republic of Belarus shall be punishable by law.

The Constitution does not provide for the establishment of public bodies or organisations empowered to review the results of the elections of the President of the Republic of Belarus.

The establishment of the Coordination Council, which pursues the aim to review the results of the presidential elections, in the procedure that is not provided by the Constitution and the electoral laws, is unconstitutional.

The Constitutional Court considers that currently the observance of the regime of constitutional legitimacy is the unconditional prerequisite for the activity of all the subjects of social and political relations and all the citizens, in order to prevent any destructive impact on the stability and sovereignty of the State, the civil peace and social harmony, the stability of the constitutional order.

Presiding Officer –

Petr Miklashevich,

Chairman

Constitutional Court

Republic of Belarus