Lawmaking Activities in State Development

The Republic of Belarus is a unitary democratic social legal state. The Republic of Belarus possesses supremacy and absoluteness of the power within its territory, is exclusively responsible to exercise domestic and foreign policies. The Republic of Belarus defends its independence and territorial integrity, constitutional system, ensures the rule of law and law order. An individual, his rights, freedoms and guarantees for their realization are the highest value and the goal of society and the state. The state is responsible to a citizen for ensuring conditions for free and dignified development of a person. The citizen is responsible to the state for the strict performance of duties, assigned to him by the Constitution”. The Constitution of the Republic of Belarus of 1994 (with amendments and additions, adopted at republican referendums on November 24, 1996 and October 17, 2004).

The sphere of state development covers social relations, which stem from the legal foundations of the state’s structure, its nature and are aimed at human rights and freedoms fulfilling, human interaction with state institutions, creation of opportunities for worthy and comprehensive development of an individual.

Legislative improvement in the sphere of state development is one of the main means of participation in further development of system-forming legal norms for our country in particular and the state as a whole by the Ministry of Justice of the Republic of Belarus.

The legal improvement in the sphere of state development is constantly in demand. The society and the state are developing dynamically, thereby creating the need for rulemaking with the aim of clarifying existing legal norms or introducing innovations.

The Central Department of Lawmaking in State Development elaborates the drafts of normative legal acts, conducts obligatory legal expertise of draft Resolutions of the Council of Ministers of the Republic of Belarus, as well as approves draft laws, edicts, decrees and orders of the President of the Republic of Belarus.

The fundamental normative legal acts, regulating procedure of rulemaking process are the Constitution of the Republic of Belarus, the Law of the Republic of Belarus “On Normative Legal Acts” dated July 17, 2018 (hereinafter – the Law on normative legal acts).

The preparation of a normative legal act draft is carried out by the relevant state body. The normative legal act draft is subject to approval by the relevant state bodies (organizations).

After approval the draft is submitted to obligatory legal expertise. Depending on the type of a normative legal act the Law on normative legal acts specifies the subjects of legal expertise.

In relation to draft resolutions of the Government such expertise is conducted by the Ministry of Justice (an authorized structural unit of the Office of the Council of Ministers).

The procedure for submission of draft decisions of the Government to obligatory legal expertise to the Ministry of Justice, as well as the list of necessary documents, are enshrined in the Regulation of the Council of Ministers of the Republic of Belarus, adopted by the Resolution of the Council of Ministers of the Republic of Belarus dated February 14, 2009 No. 193.

As for the preparation of the conclusion of obligatory legal expertise of the draft resolution, the Law on normative legal acts specifies the criteria for drafts assessment during their obligatory legal expertise.

The main ones are:

  • conformity with the Constitution of the Republic of Belarus, normative legal acts of the President of the Republic of Belarus, laws and other normative legal acts of higher legal force, correspondence to normative legal acts of the same legal force in relation to normative legal act draft;
  • compliance with requirements of rulemaking technique;
  • correspondence to international treaties and other international law acts, including requirements of unification and harmonization of legislation within integration union, participants of which is the Republic of Belarus.

Obligatory legal expertise of draft resolutions of the Council of Ministers is conducted on principles, inherent to normative activity. Among them are:

  • constitutionalism (legality);
  • the priority of universally recognized principles of international law;
  • humanism;
  • protection of rights, freedoms and legitimate interests of citizens, legal entities, interests of society and the state, social justice;
  • publicity;
  • scientific character;
  • socio-economic dependance;
  • systematic and comprehensive legal regulation of public relations;
  • stability of legal regulation of public relations.

The result of consideration of draft resolution of the Government in the Ministry of Justice is the conclusion of an obligatory legal expertise.

After an obligatory legal expertise is conducted, draft normative legal acts are subject to criminological expertise with a view to identify the norms, the enforcement of which may implicate the creation of criminogenic consequences in various areas of public relations. Cases and procedure for criminological expertise are established by the President of the Republic of Belarus.

Besides this, the Decree of the President of the Republic of Belarus dated July 10, 2019 No. 265 “On Improvement of Rulemaking Activities” came into force on August 12, 2019. This Decree entrusts the Ministry of Justice with responsibility for the legal quality of draft legal acts of the President of the Republic of Belarus, including its compliance with the requirements of rulemaking techniques.

The Head department of rule-making activities in the field of state-building provides on an on-going basis assistance to the representatives of state bodies with clarifying the procedure for the preparation of the drafts of normative legal acts, as well as with addressing methodological recommendations.

The Central Department of Lawmaking in State Development assists representatives of state bodies in clarification of the order for draft normative legal acts preparation on a permanent basis. The number of documents, coming for consideration of the Central Department is stably high for previous past years.

Active work is being conducted by the Central Department on improving legislation on appeals of citizens and legal entities, administrative procedures, rulemaking activities.

Thus, the activities of the Central Department are focused on ensuring realization and protection of constitutional rights and freedoms of citizens, the development of constitutional values, as well as inviolability of the foundations of democracy and the constitutional system.

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