Constitutional Court of the Republic of Belarus

General information

The Constitutional Court of the Republic of Belarus exercises judicial control over the constitutionality of legal acts in the state.

The Constitutional Court has 12 judges from among highly qualified legal experts.

Main tasks

The key mission of the Constitutional Court is 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 application on the territory of the Republic of Belarus, compliance of the regulations issued by government bodies with the Constitution, and to make sure the rule of law is observed in legislature and law implementation.

Powers of the Constitutional Court

• assesses the constitutionality of laws and regulations, international treaties and other commitments of the Republic of Belarus, legislation of the international associations the Republic of Belarus is part of as a matter of follow-up oversight;
• examines evidence of systematic or blatant violations of the Constitution by chambers of the National Assembly of the Republic of Belarus;
• as a matter of mandatory prior oversight the court decides on the constitutionality of bills passed by the National Assembly (except for bills prepared due to the conclusion, implementation, suspension, and termination of international treaties of the Republic of Belarus) before they are signed by the President of the Republic of Belarus;
• issues opinions on the compliance with the Constitution of the international treaties of the Republic of Belarus which have not yet entered into force;
• issues opinions on evidence of systematic or blatant violations of legal requirements by local councils of deputies;
• gives the official interpretation of the ordinances and decrees of the President of the Republic of Belarus concerning the constitutional rights, freedoms and duties of citizens;
• opines on the documents adopted (issued) by foreign states, international organizations and/or their bodies that affect the interests of the Republic of Belarus in terms of compliance of these documents with the universally recognized principles and norms of international law;
• checks the constitutionality of certain areas of law-making activity and law enforcement practice of courts, law enforcement and other state bodies;
• takes decisions to eliminate loopholes, collisions and legal uncertainty in the regulations;
• prepares annual addresses to the President of the Republic of Belarus and the National Assembly on the state of things with constitutional legality in the Republic of Belarus.

The President of the Republic of Belarus, the Parliament (the House of Representatives and the Council of the Republic of the National Assembly), the Supreme Court, the Government (the Council of Ministers) have the right to apply to the Constitutional Court.

Individuals, including individual entrepreneurs, and organizations shall apply to the President of the Republic of Belarus or bodies entitled to make proposals to the Constitutional Court with proposals to review the constitutionality of a normative legal act enforced in a concrete resolution of a government authority or a ruling of a general jurisdiction court which, according to individuals, including individual entrepreneurs and organizations (apart from government authorities), violate rights, freedoms and legitimate interests of individuals, including individual entrepreneurs, or rights and legal interests of organizations.

The appeals to the Constitutional Court from government authorities, other organizations, as well as individuals, including individual entrepreneurs, containing the information about loopholes, collisions and legal uncertainty in normative legal acts make the basis for commencement of proceedings to eliminate loopholes, collisions and legal uncertainty in normative legal acts.

Proceedings to eliminate loopholes, collisions and legal uncertainty in normative legal acts may also be commenced on the initiative of the Constitutional Court itself.