Legal basis for direct democracy at the national level

ELECTORAL CODE OF THE REPUBLIC OF BELARUS (with amendments in 2011)

http://eudo-citizenship.eu/NationalElectoralLawsDB/docs/Belarus%20Electoral%20Code%20consolidated_am_2011_eng.pdf

ElectoralCode

Article1. Relations Regulated by this Code

ThisCode regulates relations arising during preparation and holding of elections ofthe President of  the Republic ofBelarus, elections and recall of deputies of the Chamber of Representatives of theNational Assembly of the Republic of Belarus (hereinafter the Chamber ofRepresentatives), members of the Council of the Republic of the NationalAssembly of the Republic of Belarus (hereinafter the Council of the Republic)and deputies of local Councils of Deputies of the

Republicof Belarus (hereinafter the local Councils of Deputies) as well as duringpreparation and holding of the referendum (people’s vote) (hereinafter thereferendum) and establishes guarantees securing free expression of will by citizensof the Republic of Belarus.

Article2. Legal Basis of the Election System and Referendum

Thelegal basis of the election system and referendum shall be constituted by: theConstitution of the Republic of Belarus, the present Code, legislative acts ofthe Republic  of Belarus and resolutionsof the Central Commission of the Republic of Belarus on Elections and Holdingof Republican Referendums (hereinafter the Central Commission).

Article 113. Right of Initiative for Holdingthe Republican Referendum

The right of initiative for holding therepublican referendum shall be vested in the President of the Republic ofBelarus, the Chamber of Representatives and the Council of the Republic, andthe citizens of the Republic of Belarus.

The initiative of the Chamber ofRepresentatives and the Council of the Republic for holding a republicanreferendum shall be expressed in the form of a proposal, which shall be adoptedat the separate sittings of these bodies by the majority of the total number ofmembers of each of the chambers and submitted to the President of the Republicof Belarus.

The initiative of citizens for holding areferendum shall be expressed in the form of a proposal, which shall be putforth by not less than 450 thousand citizens, enjoying suffrage, including notless than 30 thousand citizens from each Oblast and the City of Minsk.

Constitutionof Belarus

Constitution 2004

https://www.constituteproject.org/constitution/Belarus_2004.pdf

(Recall)

Article72

Therecall of deputies shall be exercised to the order and instances as determinedby the law.

Thevoting for the recall of a deputy shall be exercised to the order determinedfor the election of the deputy, and on the initiative of no less than 20percent of the citizens eligible to vote and resident in the correspondingarea.

Thereason and order for the recall of a member of the Council of the Republicshall be determined by the law.

Article97

TheHouse of Representatives shall:

1.consider draft laws put forward by the President or submitted by no less than150 thousand citizens of the Republic of Belarus, who are eligible to vote, tomake amendments and alterations in the Constitution and give itsinterpretation;

2.consider draft laws, including the guidelines of the domestic and foreignpolicy of the Republic  of Belarus; themilitary doctrine; ratification and denunciation of international treaties; thefundamental concept and principles of execution of rights, liberties and dutiesof its citizens; citizenship issues, the status of foreigners and personswithout citizenship; the rights of ethnic minorities: the approval of thebudget of the republic and the account on its implementation;

theintroduction of national taxes and dues; the principles of ownership; thebasics of social security; the principles regulating labour and employment,marriage, the family, childhood, maternity, paternity, education, upbringing,culture and public health; environmental protection and the rationalutilisation of natural resources; determination of the procedure for resolvingissues relating to the administrative-territorial structure of the State; localself-government; the administration of justice and the status of judges; issuesof criminal responsibility and amnesty; declaration of war and conclusion ofpeace; martial law and a state of emergency; institution of state awards;interpretation of laws;

3.call elections for the Presidency;

4.grant consent to the President concerning the appointment of the Prime Minister;

5.consider the report of the Prime minister on the policy of the Government and

approveor reject it; a second rejection by the House of the policy of the Governmentshall be deemed as an expression of non-confidence to the Government;

6.consider on the initiative of the Prime minister a call for a vote ofconfidence;

7.on the initiative of no less than one-third of the full composition of theHouse of Representatives express a non-confidence vote to the Government; theissue of liability of the Government may not be discussed in the course of theyear after the approval of the Programme of government policy;

8.accept the resignation of the President;

9.be entitled with a majority of the full composition of the House ofRepresentatives to forward charges of treason or of some other grave crimeagainst the President; on the basis of the decision of the Council of theRepublic and with no less than a two-thirds majority of the full composition ofthe House take the decision to remove the President from office;

10.cancel the order of the Chairperson of the House of Representatives. The Houseof Representatives may take decisions on other issues which are determined bythe Constitution.

Article99

Theright of legislative initiative shall belong to the President, members of theHouse of Representatives, Council of the Republic, Government, as well as tocitizens who are eligible to vote, in a number of no less than 50,000, and isimplemented in the House of Representatives.

Draftlaws the adoption of which may reduce state resources, or increase expendituresmay be introduced in the House of Representatives only with the consent of thePresident or to his assignment by the Government.

ThePresident or to his assignment the Government shall have the right to forwardproposals in the House of Representatives and Council of the Republic on theurgency of consideration of a draft law. The House of Representatives andCouncil of the Republic shall consider in the instance the latter in the courseof ten days since its submission.

Tothe request of the President or to his consent the Government, the House ofRepresentatives and Council of the Republic shall take decisions at theirsessions voting in general for the whole draft law or a part of it, which wasforwarded by the President or Government preserving only those amendments whichwere forwarded or accepted by the President or Government.

Article138

Theissue of amending and supplementing the Constitution shall be considered by thechambers of the Parliament on the initiative of the President or of no fewerthan 150,000 citizens of the Republic of Belarus who are eligible to vote.