Posted:
07.10.2021 09:03:00
Constitution for the people
The President discussed with the members of the Constitutional Commission proposals to amend the country’s Basic Law
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In March 2021, by the decision of the Head of State, a Constitutional Commission was established, comprising of 36 people: parliamentarians, scientists, experts, heads of enterprises, representatives of public associations, science and education, culture and sports. It was chaired by the Chairman of the Constitutional Court, Honoured Lawyer of Belarus, Piotr Miklashevich. The Commission was instructed to develop proposals to amend the Basic Law of Belarus and ensure their nationwide discussion. In due time, the draft of the updated Constitution was submitted to the President. After familiarising himself with the innovations, the Head of State took part in an expanded meeting of the Constitutional Commission.
Aleksandr Lukashenko noted that a large number of people, including public associations, responded to the call to take part in the development of the new version of the Basic Law, “You had to study in detail all the proposals and initiatives, analyse the world experience of state building and modern trends in the development of constitutional legislation. This is definitely a great work.”
The President named a number of areas in the proposed draft of the Basic Law, with which he agrees and which appeal to him.
Firstly, it is the consolidation of the values of society in the Constitution, including the preservation of the historical truth and memory of the feat of the Belarusian people during the Great Patriotic War.
“In my opinion, this is absolutely correct. It is patriotism and historical memory that make us really one nation,” stressed the Belarusian leader. “If we focus on this in the Constitution, then let’s say it in a worldly way, it will not hinder us, it will not contradict the norms and principles of jurisprudence.”
Secondly, the Head of State considers it correct to preserve the constitutional principles aimed at ensuring the sovereignty and territorial integrity of Belarus.
“With them, we have established ourselves as a nation, as a sovereign state, which our people have dreamed of for centuries,” he emphasised.
Thirdly, the Basic Law proposes to preserve the continuity of the social policy of the state and even increase the level of social protection of citizens.
“I agree with this. It corresponds to the state course, which is supported by the majority of the country’s citizens,” asserted Aleksandr Lukashenko. “But here there is a danger of slipping into preferential treatment of everything and everyone. This should not be allowed in any case. Social security is not an extension of benefits.”
The Belarusian leader believes that the new Constitution should provide, if possible, greater opportunities for people’s self-realisation than the current one, “Our people are very attached to the state and believe that the state should do everything (most citizens, not all): from repairing fences to building housing.”
According to the President, in future, the situation should gradually change.
The Head of State is convinced that Belarusians will positively perceive the commission’s proposals on securing guarantees for pensions, support for families with children, the value of family and marriage and equal opportunities for people with disabilities.
Another proposal of the Constitutional Commission concerns the political system of the country and is aimed at making it more harmonious and balanced by redistributing the powers of the President, Parliament and Government, establishing the constitutional status of the All-Belarusian People’s Congress and the Central Election Commission.
“It was also proposed to expand guarantees of the judicial protection of citizens’ rights. Almost everything that we began to talk about long before the start of the work of the Constitutional Commission has been worked out,” noted Aleksandr Lukashenko.
In this case, what will happen to the decrees already published? There is no answer, what will be the mechanism for holding elections on a single voting day with the early dissolution of the chambers of Parliament.”
The Head of State considers it right if legal experts are engaged in the subsequent refinement of the draft Constitution, who — in a short time — will finalise the text, taking into account the results of the discussion, and eliminate legal contradictions.
At the same time, AleksandrLukashenko underlined, “It is important that all the work on constitutional construction should become the basis for the consolidation of Belarusian society, lay a solid legal foundation for the development of the country in the future. I am sure it will be so because the final decision will be made by the people. As I said, the referendum will take place no later than February next year.”
The President noted that there are different points of view in society, especially among people who have done a lot for the formation of the state, “You yourself understand that the essence of life is to constantly change. It should only be beneficial. Change is not breakage, not destruction, it is evolutionary development. We have already decided on this. The Constitution is needed because normal progress is needed.”
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Aleksandr Lukashenko stressed that when changing the Constitution, two main questions must be answered: why this is being done and who needs it.
The Head of State noted that the Constitution is being made for the Belarusian people, “I will advise you, when you touch the draft Constitution, think about your children. Because they are to live well. Though we are not going to go away yet.”
Aleksandr Lukashenko appealed to the members of the Constitutional Commission and stressed that they would be responsible for the decisions made. The President also expressed the opinion that, by the time of the referendum, the country should come to the version of the Constitution that our people need, and which will create the basis for the development of our state, “Through change, but not breakage.”
“After the public discussions, the group of lawyers will scrutinise the document and make final adjustments using judicial language. Then the document will be put to a referendum. Lawyers will work on it. This group must include specialists, economists and government officials.”
After polishing the current draft and its nationwide discussion, lawyers will finalise the document and submit it to the President for subsequent submission to a referendum.
Aleksandr Lukashenko set clear tasks and deadlines, “It is necessary to make a proposal for this group within the next week, so that we finalise the Constitution within at least a month. Then we will get together, we will discuss it again, we will submit it for the consideration of the people. And in the end, the lawyers will finalise it. We will meet again with you before making a referendum. You will receive the project in advance, read it, review it and make a final decision.”
Aleksandr Lukashenko said that a referendum on the new version of the Constitution of Belarus will take place no later than February 2022.
In March 2021, by the decision of the Head of State, a Constitutional Commission was established, comprising of 36 people: parliamentarians, scientists, experts, heads of enterprises, representatives of public associations, science and education, culture and sports. It was chaired by the Chairman of the Constitutional Court, Honoured Lawyer of Belarus, Piotr Miklashevich. The Commission was instructed to develop proposals to amend the Basic Law of Belarus and ensure their nationwide discussion. In due time, the draft of the updated Constitution was submitted to the President. After familiarising himself with the innovations, the Head of State took part in an expanded meeting of the Constitutional Commission.
Aleksandr Lukashenko noted that a large number of people, including public associations, responded to the call to take part in the development of the new version of the Basic Law, “You had to study in detail all the proposals and initiatives, analyse the world experience of state building and modern trends in the development of constitutional legislation. This is definitely a great work.”
The President named a number of areas in the proposed draft of the Basic Law, with which he agrees and which appeal to him.
Firstly, it is the consolidation of the values of society in the Constitution, including the preservation of the historical truth and memory of the feat of the Belarusian people during the Great Patriotic War.
“In my opinion, this is absolutely correct. It is patriotism and historical memory that make us really one nation,” stressed the Belarusian leader. “If we focus on this in the Constitution, then let’s say it in a worldly way, it will not hinder us, it will not contradict the norms and principles of jurisprudence.”
Secondly, the Head of State considers it correct to preserve the constitutional principles aimed at ensuring the sovereignty and territorial integrity of Belarus.
“With them, we have established ourselves as a nation, as a sovereign state, which our people have dreamed of for centuries,” he emphasised.
Thirdly, the Basic Law proposes to preserve the continuity of the social policy of the state and even increase the level of social protection of citizens.
“I agree with this. It corresponds to the state course, which is supported by the majority of the country’s citizens,” asserted Aleksandr Lukashenko. “But here there is a danger of slipping into preferential treatment of everything and everyone. This should not be allowed in any case. Social security is not an extension of benefits.”
The Belarusian leader believes that the new Constitution should provide, if possible, greater opportunities for people’s self-realisation than the current one, “Our people are very attached to the state and believe that the state should do everything (most citizens, not all): from repairing fences to building housing.”
According to the President, in future, the situation should gradually change.
The Head of State is convinced that Belarusians will positively perceive the commission’s proposals on securing guarantees for pensions, support for families with children, the value of family and marriage and equal opportunities for people with disabilities.
Another proposal of the Constitutional Commission concerns the political system of the country and is aimed at making it more harmonious and balanced by redistributing the powers of the President, Parliament and Government, establishing the constitutional status of the All-Belarusian People’s Congress and the Central Election Commission.
“It was also proposed to expand guarantees of the judicial protection of citizens’ rights. Almost everything that we began to talk about long before the start of the work of the Constitutional Commission has been worked out,” noted Aleksandr Lukashenko.
There is a question
The President focused on some controversial issues that arose during the work of the commission, “I have not found transitional provisions that give answers to the questions: how will the authorities act after the adoption of the Constitution? How will the All-Belarusian People’s Congress be formed? How will the human rights ombudsman work? The draft does not include decrees.In this case, what will happen to the decrees already published? There is no answer, what will be the mechanism for holding elections on a single voting day with the early dissolution of the chambers of Parliament.”
The Head of State considers it right if legal experts are engaged in the subsequent refinement of the draft Constitution, who — in a short time — will finalise the text, taking into account the results of the discussion, and eliminate legal contradictions.
At the same time, AleksandrLukashenko underlined, “It is important that all the work on constitutional construction should become the basis for the consolidation of Belarusian society, lay a solid legal foundation for the development of the country in the future. I am sure it will be so because the final decision will be made by the people. As I said, the referendum will take place no later than February next year.”
The President noted that there are different points of view in society, especially among people who have done a lot for the formation of the state, “You yourself understand that the essence of life is to constantly change. It should only be beneficial. Change is not breakage, not destruction, it is evolutionary development. We have already decided on this. The Constitution is needed because normal progress is needed.”
A clear goal
The Head of State noted that the Constitution is being made for the Belarusian people, “I will advise you, when you touch the draft Constitution, think about your children. Because they are to live well. Though we are not going to go away yet.”
Aleksandr Lukashenko appealed to the members of the Constitutional Commission and stressed that they would be responsible for the decisions made. The President also expressed the opinion that, by the time of the referendum, the country should come to the version of the Constitution that our people need, and which will create the basis for the development of our state, “Through change, but not breakage.”
Work will continue
Summing up the results of the discussion, the President determined how and who will finalise the draft of the new Constitution before the referendum, “This is not the last meeting for us. I will repeat what I have already said. The Belarus President Administration will prepare a presidential executive order. In accordance with this document, a group will be created to finalise and improve the draft of the Constitution. We will meet often in order to answer certain questions. Before the submission of the draft for public consideration, we will have another meeting with you. The commission will not cease to exist. It will continue to work. You will know the members of the group. Please, submit your proposals to them,” said the Head of State.“After the public discussions, the group of lawyers will scrutinise the document and make final adjustments using judicial language. Then the document will be put to a referendum. Lawyers will work on it. This group must include specialists, economists and government officials.”
After polishing the current draft and its nationwide discussion, lawyers will finalise the document and submit it to the President for subsequent submission to a referendum.
Aleksandr Lukashenko set clear tasks and deadlines, “It is necessary to make a proposal for this group within the next week, so that we finalise the Constitution within at least a month. Then we will get together, we will discuss it again, we will submit it for the consideration of the people. And in the end, the lawyers will finalise it. We will meet again with you before making a referendum. You will receive the project in advance, read it, review it and make a final decision.”
Aleksandr Lukashenko said that a referendum on the new version of the Constitution of Belarus will take place no later than February 2022.
Piotr Miklashevich, Chairman of the Constitutional Commission, reporting to the President on the results of the work, noted that the essence of the proposed changes is to preserve the presidential form of government, while the functions and powers of the President, Parliament and Government will be clarified. According to the Head of the Commission, it is planned to change 53 articles of the Basic Law, add 14 new ones and exclude 3 articles.Based on materials of sb.by and belta.by
