Legal provisions for direct democracy at the local level
Belarus
- Mandatory referendum
- Optional referendum
- Recall
ELECTORAL CODE OF THE REPUBLIC OF BELARUS (with amendments in 2011)
ElectoralCode of Belarus
Article41. Powers of the Town (in Towns Subordinated to Region), Settlement and RuralTerritorial Electoral Commissions on Elections of Deputies of the Town,Settlement and Rural Councils of Deputies, on the Referendum and on the Holdingof Voting for Recall of the Deputy
Thetown (in towns subordinated to region), settlement and rural territorialelectoral commissions on elections of deputies of the town, settlement andrural Councils of Deputies, on the town, settlement and rural referendum and onthe holding of voting for recall of the deputy shall:
1)organise the holding of elections of deputies of the town, settlement and ruralCouncils of Deputies, of the town, settlement and rural referendum and of thevoting for recall of a deputy of the town, settlement or rural Council ofDeputies and exercise control over the observance of the requirements of thisCode and other legislative acts of the Republic of Belarus on elections,referendum and recall of the deputy in the territory of the town, settlement orrural Council;
2)direct activities of the precinct commissions;
3)hear information of the officials (workers) of the local executive andadministrative bodies and organisations on the issues connected with the preparationand the holding of elections, referendum and recall of the deputy of the localCouncil of Deputies;
4)control over the compilation of the lists of citizens who have the right totake part in the elections, referendum or recall of the deputy and thesubmission of them for familiarisation;
Article 112. Questions Offered to the Referendum
The questions, which may be submitted to a republican referendum, shall include the questions of utmost importance pertaining to the state and public life of the Republic ofBelarus.
The questions, which may besubmitted to a local referendum, shall include the questions of utmostimportance for the population of respective territorial administrative units,which fall within the competence of the respective local Councils of Deputies,and executive and administrative bodies.
The following questions shall not besubmitted to the republican referendum:
any questions, which may lead toviolation of the territorial integrity of the Republic of Belarus;
any questions pertaining to electionand dismissal of the President of the Republic of Belarus and appointment(election or dismissal) of officials whose appointment (election or dismissal)is within the competence of the President of the Republic of Belarus and theChambers of the National Assembly of the Republic of Belarus; any questions onadopting and amending the budget and introducing, changing and cancellingtaxes; and any questions on amnesty or pardon.
The questions, which shall not be submittedto the local referendum, include those specified in the part three of thisArticle, the questions of importance for the Republic of Belarus as a whole,the questions which were regulated by the legislation of the Republic ofBelarus and the questions, relating to approval and dismissal of officials,which are within the competence of a respective local executive andadministrative body and the head of such body.
Article125. The Procedure of Preparation and Holding of the Local Referendum
Theexercise of the right of the citizens to hold a local referendum, itspreparation and holding, the procedure and the period required to set up thepolling stations and form the respectivecommissions on the referendum, theirpowers and organisation of their activities, the preparation of the lists ofthe citizens, having the right to take part in the referendum, the ballotprocedure, the finalisation and publication of the referendum results shall bein conformity with the legislative norms on the republican referendum unlessestablished otherwise by Chapter 25 of this Code.
Article128. Holding the Local Referendum
Thereferendum shall be prepared and held in the territory of an Oblast, a town, aregion, a town district, a settlement and a rural council by the respectivecommissions on the referendum set up under Articles 34 to 37 of this Code.
Constitutionof Belarus
https://www.constituteproject.org/constitution/Belarus_2004.pdf
Article73
Nationaland local referenda may be held to resolve the most important issues of the
Stateand society.
Article75
Localreferenda shall be called by the relevant local representative bodies on their initiativeor on the recommendation of no less than ten percent of the citizens who areeligible to vote and resident in the area concerned.
