of December 19, 2008 No. 57-CP4/I
About Regulations of Council of the Republic of National assembly of the Republic of Belarus
Council of the Republic of National assembly of the Republic of Belarus DECIDES:
1. Accept Regulations of Council of the Republic of National assembly of the Republic of Belarus.
2. Recognize to invalid:
2.1. The resolution of Council of the Republic of National assembly of the Republic of Belarus of January 13, 1997 "About temporary procedure for election of the Chairman and vice-chairman of Council of the Republic of National assembly of the Republic of Belarus" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1997, No. 4, the Art. 58);
2.2. The resolution of Council of the Republic of National assembly of the Republic of Belarus of January 22, 1997 "About Temporary regulations of Council of the Republic of National assembly of the Republic of Belarus" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1997, No. 4, the Art. 66);
2.3. The resolution of Council of the Republic of National assembly of the Republic of Belarus of February 19, 1997 "About material security of members of council of the Republic of National assembly of the Republic of Belarus" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1997, No. 9, the Art. 209);
2.4. The resolution of Council of the Republic of National assembly of the Republic of Belarus of April 2, 1997 "About modification and amendments in Temporary regulations of Council of the Republic of National assembly of the Republic of Belarus" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1997, No. 13, the Art. 245);
2.5. The resolution of Council of the Republic of National assembly of the Republic of Belarus of April 2, 1998 "About Regulations of Council of the Republic of National assembly of the Republic of Belarus";
2.6. Item 2 of the Resolution of Council of the Republic of National assembly of the Republic of Belarus of June 30, 1998 "About organization of the Certificate of honor of National assembly of the Republic of Belarus" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1999, No. 1, the Art. 10);
2.7. The resolution of Council of the Republic of National assembly of the Republic of Belarus of October 4, 1999 "About modification and amendments in Regulations of Council of the Republic of National assembly of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 1999, No. 77, 4/331);
2.8. The resolution of Council of the Republic of National assembly of the Republic of Belarus of June 29, 2001 "About modification and amendments in Regulations of Council of the Republic of National assembly of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2001, No. 66, 4/2547);
2.9. The resolution of Council of the Republic of National assembly of the Republic of Belarus of November 15, 2004 "About modification of Regulations of Council of the Republic of National assembly of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 188, 4/3950);
2.10. The resolution of Council of the Republic of National assembly of the Republic of Belarus of June 30, 2005 "About entering of amendment and change into Regulations of Council of the Republic of National assembly of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2005, No. 107, 4/4238);
2.11. Item 3 of the Resolution of Council of the Republic of National assembly of the Republic of Belarus of April 24, 2006 "About formation of the new permanent commissions of Council of the Republic of National assembly of the Republic of Belarus of the third convocation and about modification and amendments in Regulations of Council of the Republic of National assembly of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 72, 4/4549);
2.12. The resolution of Council of the Republic of National assembly of the Republic of Belarus of October 31, 2008 "About modification of Regulations of Council of the Republic of National assembly of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 266, 4/5777).
3. This Resolution becomes effective since January 19, 2009.
Chairman of the board of the Republic of National assembly of the Republic of Belarus B. Batura
The regulations of Council of the Republic of National assembly of the Republic of Belarus (further - Regulations) determine procedure for activities of Council of the Republic of National assembly of the Republic of Belarus (further - Council of the Republic), its bodies and members of council of the Republic.
Article 1. Council of the Republic is chamber of Parliament of National assembly of the Republic of Belarus - representative and legislature of the Republic of Belarus.
Article 2. Activities of Council of the Republic are based on the principles:
democratic character;
publicity;
separations of the government on legislative, executive and judicial;
supremacy of law and legality;
priority of the conventional principles of international law;
equalities of citizens before the law, respect of their rights and legitimate interests;
free discussion and decision making;
participations of citizens in discussion of questions of the state life.
Article 3. Council of the Republic is chamber of territorial representation. From each area and the city of Minsk secret vote are chosen at meetings of deputies of local councils of deputies of basic level of each area and city of Minsk on eight members of council of the Republic. Eight members of council of the Republic are appointed the President of the Republic of Belarus.
The citizen of the Republic of Belarus who reached 30 years and lived in the territory of the respective area, the city of Minsk at least five years can be the member of council of the Republic.
The same person cannot be the member of two chambers of Parliament at the same time.
The member of council of the Republic cannot be at the same time the member of the government of the Republic of Belarus. Combination of obligations of the member of council of the Republic with simultaneous holding the post of the President of the Republic of Belarus or the judge is not allowed.
Article 4. Term of office of Council of the Republic - four years. Powers of Council of the Republic begin from the date of the first meeting of newly elected Council of the Republic and come to an end in the opening day of the first meeting of Council of the Republic of new convocation, except as specified early termination of the powers of Council of the Republic provided by the Constitution of the Republic of Belarus.
Powers of Council of the Republic can be prolonged based on the law only in case of war.
Article 5. Competence of Council of the Republic is implemented by means of implementation of the representative, legislative and other powers provided by the Constitution of the Republic of Belarus by it.
Council of the Republic performs the powers in forms and limits set by the Constitution of the Republic of Belarus and the Law of the Republic of Belarus of July 8, 2008 "About National assembly of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2008, No. 172, 2/1467).
Article 6. Council of the Republic:
approves or rejects the Republic of Belarus accepted by the House of Representatives of National assembly (further - the House of Representatives) drafts of the laws on modification and (or) amendments in the Constitution of the Republic of Belarus, about interpretation of the Constitution of the Republic of Belarus, drafts of other laws;
delegates to the President of the Republic of Belarus legislative powers on the publication of the decrees which are valid the law;
considers the temporary decrees of the President of the Republic of Belarus which are valid the law;
agrees to appointment of the Chairman of the Constitutional Court of the Republic of Belarus as the President of the Republic of Belarus, the Chairman and judges of the Supreme Court of the Republic of Belarus, the Chairman of the Central commission of the Republic of Belarus at elections and holding republican referenda, the Attorney-General of the Republic of Belarus, the Chairman and board members of National Bank of the Republic of Belarus;
elects six judges of the Constitutional Court of the Republic of Belarus;
elects six members of the Central commission of the Republic of Belarus at elections and holding republican referenda;
cancels the decisions of local councils of deputies which are not corresponding to the legislation of the Republic of Belarus;
makes the decision on dissolution of local council of deputies in case of systematic (more than two times) or gross violation of requirements of the legislation of the Republic of Belarus by it and in other cases provided by the law;
submits for consideration of the President of the Republic of Belarus the offer on holding republican referendum;
appeals to the Constitutional Court of the Republic of Belarus with offers on check of constitutionality of the regulatory legal acts, and also on statement of line item of the Constitutional Court of the Republic of Belarus on the documents accepted (published) by foreign states, the international organizations and (or) their bodies and infringing on interests of the Republic of Belarus regarding compliance of these documents to the conventional principles and rules of international law;
considers question of early release from position of the President of the Republic of Belarus;
considers the charge brought by the House of Representatives against the President of the Republic of Belarus in treason making to the state or other especially serious crime, makes the decision on its investigation; in the presence of the bases the majority at least two thirds of voices of complete structure make the decision on removal of the President of the Republic of Belarus from position;
considers presidential decrees of the Republic of Belarus about introduction of emergency state, warlike situation, complete or partial mobilization and not later than in three-day time after their introduction makes the relevant decision;
hears annual president's letters of the Republic of Belarus to Parliament;
holds meetings for questions of members of council of the Republic and replies of the Government of the Republic of Belarus;
makes the decision on the direction of requests of members of council of the Republic to the corresponding official;
elects from the structure the Chairman of the board of the Republic, the vice-chairman of Council of the Republic, the permanent commissions of Council of the Republic (further - the permanent commissions) and other bodies for conducting bill work, preliminary consideration and preparation of the questions relating to maintaining Council of the Republic;
performs power to initiate legislation;
agrees to initiation of legal proceedings concerning the member of council of the Republic, to attraction it as the suspect or the person accused on the criminal case brought concerning other persons or upon the committed crime and also to his detention and other deprivation of personal liberty;
accepts Regulations, changes and (or) amendments to it;
performs other powers provided by the Constitution of the Republic of Belarus and legal acts of the Republic of Belarus.
Article 7. Council of the Republic according to the procedure, established by the legislation of the Republic of Belarus:
takes part in preparation by National Bank of the Republic of Belarus together with the Government of the Republic of Belarus of the main directions of monetary policy of the Republic of Belarus for the next year;
interacts with other state bodies and other organizations in case of the solution of the questions entering its competence.
Article 8. Council of the Republic in the limits provided by the Constitution of the Republic of Belarus, the Law of the Republic of Belarus "About National assembly of the Republic of Belarus" and other legal acts of the Republic of Belarus, has right to be informed about execution of the laws and on course of execution of the republican budget.
Council of the Republic within the competence has the right to obtain information on the course of realization of the Main directions of domestic and foreign policy of the Republic of Belarus and the Military doctrine of the Republic of Belarus approved by the program laws.
Article 9. Council of the Republic in case of interaction with other state bodies, bodies of territorial public self-government, other organizations is independent within the powers.
Article 10. Work of Council of the Republic is carried out in the form of meetings, joint sittings with the House of Representatives, parliamentary hearings, activities of the permanent and temporary commissions, other bodies of Council of the Republic, members of council of the Republic, and also in other forms according to the legislation of the Republic of Belarus.
Activities of Council of the Republic, its bodies and members of council of the Republic are performed openly. If it is required by interests of the state, closed meetings of Council of the Republic and its bodies can be held.
Article 11. Under Council of the Republic, its bodies for the questions entering their competence scientific, advisory and other councils on a voluntary basis can be created. Tasks and procedure for activities of these councils are determined by Council of the Republic, its bodies in case of decision making about their creation.
Article 12. The session of Council of the Republic, the first after elections, is convened by the Central commission of the Republic of Belarus on elections and holding republican referenda and begins the work not later than in thirty days after elections.
Counting of 30-days term for convocation and the beginning of work of Council of the Republic is performed from the date of the first meeting of deputies of local councils of deputies of basic level at elections of members of council of the Republic from the area or the city of Minsk.
Article 13. The decision of the Central commission of the Republic of Belarus at elections and holding republican referenda on convocation of the first session of Council of the Republic of new convocation with indication of the place and time of its beginning, and also time and place of registration of members of council of the Republic extends in mass media, as a rule, not later than ten days before opening of session of Council of the Republic.
Article 14. Registration of the members of council of the Republic who arrived to meeting of Council of the Republic, the first after elections, will be organized by the Central commission of the Republic of Belarus on elections and holding republican referenda.
Article 15. The meeting of Council of the Republic, the first after elections, opens and before election of the Chairman of the board of the Republic the Chairman of the Central commission of the Republic of Belarus at elections and holding republican referenda or his deputy conducts. In case of absence of the Chairman of the Central commission of the Republic of Belarus at elections and holding republican referenda or his deputy or impossibility of accomplishment of the obligations by them the meeting of Council of the Republic, the first after elections, opens and the senior on age the member of council of the Republic conducts.
Article 16. For the organization of work of the first session Council of the Republic creates the secretariat of session and counting board. Offers on staff of the secretariat of session and counting board are introduced by members of council of the Republic.
Article 17. It is excluded according to the Resolution of Council of the Republic of National assembly of the Republic of Belarus of 23.06.2015 No. 430-CP5/IX
Article 18. On the first ambassador of elections meeting Council of the Republic makes decisions on election of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic, the permanent commissions and their chairmen, and also Presidium of Council of the Republic.
Article 19. Council of the Republic elects the Chairman of the board of the Republic and the vice-chairman of Council of the Republic from the structure.
The chairman of the board of the Republic, the vice-chairman of Council of the Republic are elected to term of office of Council of the Republic at meeting of Council of the Republic by secret vote with use of bulletins by a majority vote from complete structure of Council of the Republic.
Article 20. Candidates for position of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic are pushed by members of council of the Republic.
Each member of council of the Republic has the right to offer on one candidate for position of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic.
The member of council of the Republic has the right to propose own candidate for position of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic.
The member of council of the Republic pushed for election to position of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic has the right to declare rejection. The statement for rejection is adopted without discussion and vote.
Article 21. On all candidates for position of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic which did not declare rejection discussion is carried out.
During discussion candidates for position of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic speak at meeting, answer questions of members of council of the Republic.
Members of council of the Republic have the right to state the arguments for or against the proposed candidates.
Discussion stops according to the decision of Council of the Republic made by a majority vote from number of the members of council of the Republic who are present at meeting.
Article 22. By results of discussion by a majority vote from number of the members of council of the Republic who are present at meeting the list of candidates for election to position of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic affirms. The specified list according to priority of receipt of offers on promotion joins without vote all proposed candidates, except declared rejection.
Article 23. The bulletin for secret vote joins all candidates entered in the list of candidates for election to position of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic.
The procedure for carrying out secret vote is determined by Articles 145-150 of Regulations.
Article 24. In case of carrying out repeated elections of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic the member of council of the Republic cannot be proposed as the candidate for position of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic more than two times during one session of Council of the Republic.
Article 25. The candidate for position of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic is considered electee if the majority from complete structure of Council of the Republic voted for its election. The solution on election of the Chairman of the board of the Republic, the vice-chairman of Council of the Republic is drawn up by the resolution of Council of the Republic.
Article 26. Chairman of the board of the Republic:
performs the common directorship of Council of the Republic;
conducts meetings of Council of the Republic;
knows internal rules and procedures of work of Council of the Republic;
heads Presidium of Council of the Republic;
gives instructions to the permanent commissions, the Secretariat of Council of the Republic and other bodies of Council of the Republic for the questions relating to their maintaining;
signs resolutions of Council of the Republic and Presidium of Council of the Republic;
brings questions for consideration of Council of the Republic by Presidium;
represents Council of the Republic in relations with the President of the Republic of Belarus, the House of Representatives, the Government of the Republic of Belarus and other state bodies, and also with public associations, bodies and the organizations of foreign states, the international organizations, coordinates interaction of Council of the Republic with the specified bodies, associations and the organizations;
sends to the relevant permanent commission the drafts of the laws approved by the House of Representatives and also the temporary decrees of the President of the Republic of Belarus which are valid the law and taken into consideration by the House of Representatives for preparation them to consideration of the Republic by Council;
gives instructions to the permanent commissions about project development of the laws which are supposed to be introduced in the House of Representatives according to the procedure of realization of power to initiate legislation of Council of the Republic;
vises the laws accepted by the House of Representatives and approved by Council of the Republic;
directs and controls activities of the Secretariat of Council of the Republic;
will organize and coordinates work with addresses of citizens, including individual entrepreneurs, and legal entities (further – addresses of citizens and legal entities) in Council of the Republic, the schedule of personal reception of citizens, including individual entrepreneurs, their representatives and representatives of legal entities (further – personal acceptance) members of Presidium of Council of the Republic claims;
carries out monthly personal acceptance;
makes decisions on the announcement of Gratitude of the Chairman of the board of the Republic of National assembly of the Republic of Belarus to citizens and staff of the organizations;
publishes orders on the questions carried to its competence;
performs other powers provided by the Law of the Republic of Belarus "About National assembly of the Republic of Belarus", Regulations and other acts of the legislation of the Republic of Belarus.
Article 27. The chairman of the board of the Republic on the initiative can inform Council of the Republic on results of activities of chamber.
Article 28. Council of the Republic on the offer of Presidium of Council of the Republic, the permanent commission, member of council of the Republic the order of the Chairman of the board of the Republic having the right to cancel by a majority vote from complete structure of Council of the Republic.
Article 29. Vice-chairman of Council of the Republic:
in case of need replaces the Chairman of the board of the Republic;
at the request of the Chairman of the board of the Republic resolves the issues entering competence of the Chairman of the board of the Republic;
will organize forming of the actions plans which are put through by Council of the Republic;
coordinates work on preparation of meetings of Council of the Republic and Presidium of Council of the Republic, other actions of Council of the Republic;
coordinates work of the permanent commissions, members of council of the Republic and the Secretariat of Council of the Republic for publicizing of activities of Council of the Republic in mass media;
interacts with members of council of the Republic concerning their work in areas, Minsk, will organize providing them with the documents accepted by Council of the Republic, and also other information and reference materials;
carries out monthly personal acceptance according to the schedule approved by the Chairman of the board of the Republic;
knows questions of use and development of information resources and technologies in Council of the Republic;
publishes orders and gives instructions on the questions carried to its competence;
performs other powers provided by the Law of the Republic of Belarus "About National assembly of the Republic of Belarus", Regulations and other acts of the legislation of the Republic of Belarus.
Article 30. The chairman of the board of the Republic, the vice-chairman of Council of the Republic are dismissed in case of early termination of their powers as the member of council of the Republic. The relevant decision is made by Council of the Republic along with decision making on early termination of powers of the member of council of the Republic according to article 8 of the Law of the Republic of Belarus of November 4, 1998 "About the status of the deputy of the House of Representatives, the member of council of the Republic of National assembly of the Republic of Belarus" (Vedamastsi Natsyyanalnaga to descent of Respubliki Belarus, 1998, No. 35, the Art. 516). The specified decisions are made by open voting by a majority vote from complete structure of Council of the Republic and drawn up by the resolution.
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