| Article 109. The courts shall exercise judicial power in the Republic of Belarus. The judicial system shall be based upon the principles of territorial delineation and specialization.
The judicial system in the Republic of Belarus shall be determined by the law. The formation of special courts shall be prohibited.
Article 110. In administering justice judges shall be independent and subordinate to law alone.
Any interference injudges' activities in the administration of justice shall be impermissible and liable to legal action.
Article 111. Judges may not engage in business activities or perform any paid work, apart from teaching and scientific research.
The grounds for electing (appointing) judges and their dismissal shall be determined by the law.
Article 112. The courts shall administer justice on the basis of the Constitution, the laws and other enforceable enactments adopted in accordance therewith.
If, during the hearing of a specific case, a court concludes that an enforceable enactment is contrary to the Constitution, it shall make a ruling in accordance with the Constitution and raise, under the established procedure, the issue of whether the enforceable enactment in question should be deemed unconstitutional.
Article 113. Cases before a court shall be tried collegially, and in the instances specified in law, by judges individually.
Article 114. The trial of cases in all courts shall be open. The hearing of cases in closed court session shall be permitted only in the instances specified in law and in accordance with all the rules of legal procedure.
Article 115. Justice shall be administered on the basis of the adversarial proceedings and equality of the parties involved in the trial. The rulings of courts are mandatory for all citizens and officials.
The parties and the persons have the right to appeal rulings, sentences and other judicial decisions.
Article 116. Supervision of the constitutionality of enforceable enactments of the state shall be exercised by the Constitutional Court of the Republic of Belarus.
The Constitutional Court of the Republic of Belarus shall be formed of 12 judges from among highly qualified specialists in the field of law, who as a rule have a scientific degree.
Six Judges of the Constitutional Court shall be appointed by the President of the Republic of Belarus and six elected by the Council of the Republic. The Chairperson of the Constitutional Court shall be appointed by the President with the consent of the Council of the Republic. The term of the members of the Constitutional Court shall be 11 years, and the permissible age limit shall be 70 years.
The Constitutional Court on the recommendations of the President of the Republic of Belarus, the House of Representatives, the Council of the Republic, the Supreme Court of the Republic of Belarus, the Supreme Economic Court of the Republic of Belarus, the Cabinet of Ministers of the Republic of Belarus shall produce a ruling on:
the conformity of laws, decrees and edicts of the President, international agreements and other obligations of the Republic of Belarus to the Constitution and other instruments of international law ratified by the Republic of Belarus;
the conformity of instruments of interstate formations of which the Republic of Belarus is part, edicts of the President of the Republic of Belarus which are issued to the execution of the law, the Constitution, the laws, decrees and instruments of international law ratified by the Republic of Belarus;
the conformity of the ordinances of the Council of Ministers and orders of the Supreme Court, the Supreme Economic Court, Procurator-General to the Constitution, laws and instruments of international law ratified by the Republic of Belarus, laws, decrees and edicts;
the conformity of enactments of any other state body to the Constitution, laws and decrees as well as to the laws and instruments of international law ratified by the Republic of Belarus.
Enforceable enactments or their particular provisions which are considered unconstitutional shall be deemed invalid to the order determined by the law.
In instances specified by the Constitution, the Constitutional Court with regard to the proposal of the President shall give its conclusion on the presence of instances of systematic or flagrant violation of the Constitution of the Republic of Belarus by the chambers of Parliament.
The competence, organization and procedure governing the activities of the Constitutional Court shall be determined by the law. |