of July 17, 2023 No. 285-Z
About change of codes concerning judicial system and the status of judges
Accepted by the House of Representatives on June 28, 2023
Approved by Council of the Republic on June 30, 2023
Article 1. Bring in the Code of the Republic of Belarus about judicial system and the status of judges of June 29, 2006 the following changes:
1. In Article 1:
paragraph two after the word "jurisdictions;" to add with the words "Appeal Economic Court in relation to Economic Court of Area (City of Minsk);";
to state the paragraph of the sixth in the following edition:
"subordinate court - district (city) court, specialized court in relation to corresponding regional (Minsk city) to court and the Supreme Court of the Republic of Belarus; economic court of area (city of Minsk) in relation to Appeal economic Court; regional (Minsk city) court, economic court of area (city of Minsk), Appeal economic Court in relation to the Supreme Court of the Republic of Belarus;";
to state the paragraph of the seventh in the following edition:
"the court decree - the conclusion and the solution of the Constitutional Court of the Republic of Belarus, and also sentence, the decision, the resolution, determination of courts of law;";
word in paragraph eight "this Code" shall be replaced with words "The constitution of the Republic of Belarus, this Code and the Law of the Republic of Belarus of February 7, 2023 No. 248-Z "About Vsebelorussky people's assembly".
2. In Article 2:
in part one of the word "belongs to courts, educated" shall be replaced with words "it is performed by the courts formed";
in word part three", administrative legal proceedings and legal proceedings on economic cases" shall be replaced with words "and other forms of legal proceedings provided by the law".
3. In Article 5:
word part one in paragraph three", administrative legal proceedings and legal proceedings on economic cases" shall be replaced with words "and other forms of legal proceedings provided by the law";
part the fourth after the words "Supreme Court of the Republic of Belarus" to add with the words "Appeal Economic Court".
4. In Article 6:
in part one:
replace the word "direct" with the word "direct";
after the word "approval" to add part with the word "constitutional";
to exclude from part two of the word "in the Republic of Belarus".
5. State Article 7 in the following edition:
"Article 7. Legality when implementing justice
Courts perform justice based on the Constitution of the Republic of Belarus and other regulatory legal acts accepted according to it.
If by consideration of specific case the court of law has doubts in constitutionality of the regulatory legal act which is subject to application, the court before pronouncement of the court decree puts in the procedure established by the law before the Constitutional Court of the Republic of Belarus question of check of constitutionality of this regulatory legal act.".
6. In Article 10:
in word part one of "actions (failure to act) of state bodies, other organizations, their officials" shall be replaced with words "decisions and actions (failure to act) of state bodies, other organizations, their officials infringing the rights and freedoms";
in word part two of "actions (failure to act) of state bodies, other organizations, their officials" shall be replaced with words "decisions and actions (failure to act) of state bodies, other organizations, their officials infringing the rights and legitimate interests".
7. In Article 11 part three "personal" to replace the word with the word "private".
8. State Article 12 in the following edition:
"Article 12. Individual and joint hearing of cases
Cases in courts are considered by judges solely, and in the cases provided by the law - is joint.".
9. In Article 14:
to state the name of Article in the following edition:
"Article 14. Obligation of court decrees and requirements of the judge";
in part one:
exclude the words "and also";
the second offer to exclude;
after part one to add Article with part of the following content:
"The conclusions and solutions of the Constitutional Court of the Republic of Belarus are final, are not subject to appeal and protest.";
to exclude from part two of the word "and also".
10. In Article 15 of the word of "jurisdiction of the Republic of Belarus" to replace with the word "jurisdictions".
11. In Article 19 part two:
replace the word "accept" with the word "take out";
replace the words "it is appointed chosen)" with the word "is chosen".
12. State Article 20 in the following edition:
"Article 20. Procedure for forming of the Constitutional Court of the Republic of Belarus
The chairman, the vice-chairman and judges of the Constitutional Court of the Republic of Belarus are elected to position and dismissed by Vsebelorussky people's assembly according to the proposal of the President of the Republic of Belarus which is previously approved with Presidium of Vsebelorussky people's assembly.
The chairman and the vice-chairman of the Constitutional Court of the Republic of Belarus are elected from among judges of the Constitutional Court of the Republic of Belarus.
The procedure for election to position and dismissal of judges of the Constitutional Court of the Republic of Belarus is determined by the Constitution of the Republic of Belarus, this Code and the Law of the Republic of Belarus "About Vsebelorussky people's assembly".".
14. State Article 22 in the following edition:
"Article 22. Competence of the Constitutional Court of the Republic of Belarus
The constitutional court of the Republic of Belarus according to proposals of the President of the Republic of Belarus, Presidium of Vsebelorussky people's assembly, House of Representatives of National assembly of the Republic of Belarus, Council of the Republic of National assembly of the Republic of Belarus, the Supreme Court of the Republic of Belarus, Council of Ministers of the Republic of Belarus draws the conclusions:
about interpretation of the Constitution of the Republic of Belarus;
about compliance of the Constitution of the Republic of Belarus of the laws, presidential decrees of the Republic of Belarus, resolutions of Council of Ministers of the Republic of Belarus, regulatory legal acts of other state bodies.
The constitutional court of the Republic of Belarus according to proposals of the President of the Republic of Belarus draws the conclusions:
about constitutionality of drafts of the laws on modification and amendments in the Constitution of the Republic of Belarus;
about the compliance of the Constitution of the Republic of Belarus of the laws adopted by the House of Representatives of National assembly of the Republic of Belarus and approved by Council of the Republic of National assembly of the Republic of Belarus or accepted by the House of Representatives of National assembly of the Republic of Belarus according to the procedure, established by part six of article 100 of the Constitution of the Republic of Belarus before their signing by the President of the Republic of Belarus;
about constitutionality of the questions submitted for republican referendum;
about compliance of the Constitution of the Republic of Belarus of not become effective international treaties of the Republic of Belarus.
In the cases provided by the Constitution of the Republic of Belarus, the Constitutional Court of the Republic of Belarus draws the conclusions:
according to the offer of Presidium of Vsebelorussky people's assembly on availability of the facts of systematic or gross violation by the President of the Republic of Belarus Constitutions of the Republic of Belarus;
according to the proposal of the President of the Republic of Belarus on availability of the facts of systematic or gross violation by chambers of National assembly of the Republic of Belarus Constitutions of the Republic of Belarus.
The constitutional court of the Republic of Belarus according to the offer of Presidium of Vsebelorussky people's assembly draws the conclusions about constitutionality of elections of the President of the Republic of Belarus, deputies of the House of Representatives of National assembly of the Republic of Belarus and members of council of the Republic of National assembly of the Republic of Belarus.
The constitutional court of the Republic of Belarus according to the procedure, established by the law, passes decisions:
according to claims of citizens to violations of their constitutional rights and freedoms, checking constitutionality of the laws applied in specific case if all other equitable remedies are exhausted;
on requests of courts of law, checking constitutionality of the regulatory legal acts which are subject to application by consideration of specific cases by courts.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.