English Version - Русская версия

Constitution (1994 as amended 2004) (excerpts)

Posted
October 20, 2006
Country
Belarus
Document Type
Constitutional Law
Topic name
Freedom of Association

[excerpts]

Constitution of the Republic of Belarus of March 15, 1994

With amendments adopted by the national referendums on Novermber 24, 1996 and on October 17, 2004

(...)

Article 3. (para 2) 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 4. (para 2) The ideology of political parties, religious or other public associations, social groups may not be made mandatory for citizens.

Article 5. Political parties and other public associations acting within the framework of the Constitution and laws of the Republic of Belarus, shall contribute towards ascertaining and expressing the political will of the citizens and participate in elections.

Political parties and other public associations shall have the right to use state mass media under the procedure determined by the legislation.

The creation and activities of political parties and other public associations that aim to change the constitutional system by force, or conduct a propaganda of war, social, ethnic, religious and racial hatred, shall be prohibited.

(...)

Article 14. (para 2) The relations in the social sphere and in labour between the organs of state management, associations of employers and trade unions shall be exercised on the principles of social partnership and interaction of parties.

(...)

Article 23. Restriction of personal rights and liberties shall be permitted only in the instances specified in law, in the interest of national security, public order, the protection of the morals and health of the population as well as rights and liberties of other persons…

(...)

Article 31. Everyone shall have the right … jointly with others, or to profess none at all, to express and spread beliefs connected with one's attitude towards religion, and to participate in the performance of acts of worship and religious rituals and rites, which are not prohibited by the law.

(...)

Article 33. (para 2, centence 2) No monopolization of the mass media by the State, public associations or individual citizens and no censorship shall be permitted.

Article 34. Citizens of the Republic of Belarus shall be guaranteed the right to receive, store and disseminate complete, reliable and timely information of the activities of … public associations…

…Public associations and officials shall afford citizens of the Republic of Belarus an opportunity to familiarize themselves with material that affects their rights and legitimate interests.

The use of information may be restricted by legislation with the purpose to safeguard the honour, dignity, personal and family life of the citizens and the full implementation of their rights.

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 36. Everyone shall be entitled to freedom of association.

Judges, employees of the Procurator's Office, the staff of bodies of internal affairs, the State Supervisory Committee and security bodies, as well as service-men may not be members of political parties or other public associations that pursue political goals.

(...)

Article 41. (para 3) Citizens shall have the right to protection of their economic and social interests, including the right to form trade unions…

(...)

Article 62. Everyone shall have the right to legal assistance to exercise and defend his rights and liberties, including the right to make use, at any time, of the assistance of lawyers and one's other representatives in … organizations and public associations…

Article 63. The exercise of the personal rights and liberties specified in this Constitution may be suspended only during a state of emergency or martial law under the procedure and within the limits specified in the Constitution and the law.

In carrying out special measures during a state of emergency, the rights specified in Article 24, part three of Article 25 and Articles 26 and 31 of the Constitution may not be restricted

(...)

Article 69. Public associations… shall have the right to nominate candidates for deputy in accordance with the law.

Article 70. (centence 2) In instances determined by the law, the expenditure for the preparation and conduct of elections may be carried out at the expense of public associations, enterprises, offices, organizations and citizens.

 

Article 86. (para 2) The President shall suspend his membership of political parties and other public associations that pursue political goals during the whole term in office.

Article 87. The President may tender his resignation at any time. The President's resignation shall be accepted by the House of Representatives.

(...)

Article 101. (para 2) There shall be no delegation of powers to the President to issue decrees which provide alterations and addenda to … limitation of constitutional rights and liberties of the citizens…

(...)

Article 125. The Procurator-General of the Republic of Belarus and subordinate public prosecutors shall be entrusted to supervise the strict and unified implementation of the laws, decrees, regulations and other enforceable enactments by … public associations…

(...)