Info
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments: Citizens of the Republic of Belarus shall have the right to participate in settlement of state affairs, both directly and through freely elected representatives.
Article 37. The direct participation of citizens in administration of affairs of the society and the State shall be safeguarded by holding referenda, discussion of draft laws and issues of republican and local significance, and by other means specified by law.
Article 73. Republican and local referenda may be held to resolve the most important issues of the State and society.
Article 74. Republican referenda shall be called by the President of the Republic of Belarus on his own initiative as well as on the proposal of the House of Representatives and the Council of the Republic passed at their separate sittings by a majority of votes of the composition (full composition) of each House established by the Constitution, or on the proposal of no less than 450 thousand citizens eligible to vote, including no less than 30 thousand citizens from each of the regions (oblasts) and the city of Minsk.
The President shall, after the submission in accordance with the law for his consideration of the proposals on holding the referendum of the House of Representatives and the Council of the Republic or of the citizens, call a republican referendum.
The date of referendum shall be set no later than three months from the day of issuing the edict of the President on holding the referendum.
The decisions adopted by the republican referendum shall be signed by the President of the Republic of Belarus.
Article 75. Local referenda shall be called by the corresponding local representative bodies on their initiative or on the proposal of no less than ten percent of the citizens eligible to vote and residing in the corresponding territory.
Article 76. Referenda shall be held by means of universal, free, equal and secret ballot.
Citizens of the Republic of Belarus eligible to vote take part in referenda.
Article 77. The decisions adopted by a referendum may be abolished or changed only by means of another referendum, unless the referendum determines otherwise.
Article 78. The procedure of holding republican and local referenda and a list of issues that may not be put to a referendum shall be determined by the law of the Republic of Belarus.
Source: Constitution: “Constitution of the Republic of Belarus”, art. 37, 73–78: https://aceproject.org/ero-en/regions/europe/BY/belarus-constitution-2021-english/
Verified: 2023/09/13
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: The decision adopted by the referendum is signed by the President of the Republic of Belarus and is subject to the immediate and obligatory official publication after its signing.
The decision adopted by the referendum enters into force in 10 days after its official publication, unless other term is established therein.
The date of adoption of the decision by the referendum is deemed to be the date of the referendum.
Legal force of the decision adopted by a referendum is determined by the edict of the President of the Republic of Belarus on calling the referendum.
The decisions adopted by the referendum may be cancelled or changed only by means of a referendum, unless otherwise determined by the referendum.
If implementing the decision, adopted by the referendum, requires the issuance of a legal act, such act shall be adopted within five months from the date of entry into force of the decision adopted by the referendum.
Source: Constitution: “Constitution of the Republic of Belarus”, art. 74: https://aceproject.org/ero-en/regions/europe/BY/belarus-constitution-2021-english/ ;
Electoral Code: "Electoral Code of the Republic of Belarus”, art. 123 & 124: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/
Verified: 2023/09/13
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
d . Not applicable
Comments:
Source:
Verified: 2023/09/13
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: In case an initiative to hold the republican referendum is put forward by the citizens, they form a group for holding the referendum (hereinafter referred to as the «initiative group»), which includes not less than 100 citizens, enjoying voting right, from each region and the City of Minsk on the basis of approximately equal representation.
Source: Constitution: “Constitution of the Republic of Belarus”, art. 74: https://aceproject.org/ero-en/regions/europe/BY/belarus-constitution-2021-english/ ;
Electoral Code: "Electoral Code of the Republic of Belarus”, art. 114: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/ ;
International IDEA – Direct Democracy database: https://www.idea.int/data-tools/country-view/72/45
Verified: 2023/09/13
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments:
Source: Electoral Code: "Electoral Code of the Republic of Belarus”: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/ ;
International IDEA – Direct Democracy database: https://www.idea.int/data-tools/country-view/72/45
Verified: 2023/09/13
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
a . Yes
Comments: On the basis of a presentation made by the Prosecutor General of the Republic of Belarus on the violations committed in the course of the referendum, the Central Commission has the right to take a decision on either holding a repeated voting, within one month, in the voting precincts and other territories, where violations were committed, or on holding a repeated voting within one year over the entire territory of the Republic of Belarus.
Source: Electoral Code: "Electoral Code of the Republic of Belarus”, art. 129–152: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/ ;
International IDEA – Direct Democracy database: https://www.idea.int/data-tools/country-view/72/45
Verified: 2023/09/13
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments: The decisions adopted by the republican referendum shall be signed by the President of the Republic of Belarus.
The decision adopted by the referendum is signed by the President of the Republic of Belarus and is subject to the immediate and obligatory official publication after its signing.
The decision adopted by the referendum enters into force in 10 days after its official publication, unless other term is established therein.
The date of adoption of the decision by the referendum is deemed to be the date of the referendum.
Legal force of the decision adopted by a referendum is determined by the edict of the President of the Republic of Belarus on calling the referendum.
The decisions adopted by the referendum may be cancelled or changed only by means of a referendum, unless otherwise determined by the referendum.
If implementing the decision, adopted by the referendum, requires the issuance of a legal act, such act shall be adopted within five months from the date of entry into force of the decision adopted by the referendum.
Source: Constitution: “Constitution of the Republic of Belarus”, art. 74: https://aceproject.org/ero-en/regions/europe/BY/belarus-constitution-2021-english/ ;
Electoral Code: "Electoral Code of the Republic of Belarus”, art. 123 & 124: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/
Verified: 2023/09/13
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments: The issues, which may be submitted to a republican referendum, include the most important issues of the state and public life of the Republic of Belarus.
The issues, which may be submitted to a local referendum, include the most important issues for the population of respective administrative territorial units, which fall within the competence of the respective local Councils of Deputies, and executive and administrative bodies.
The following issues may not be submitted to the republican referendum:
any issues which may lead to violation of the territorial integrity of the Republic of Belarus;
any issues concerning the elections and 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 the Chambers of the National Assembly of the Republic of Belarus;
any issues on adopting and amending the budget and introducing, changing and cancelling taxes (duties); and
any issues on amnesty or pardon.
The issues, which may not be submitted to the local referendum, include those specified in the part three of this Article, the issues of importance for the Republic of Belarus as a whole, and the issues, relating to approval and dismissal of officials, which are within the competence of a respective local executive and administrative body or the head of such body.
Source: Electoral Code: "Electoral Code of the Republic of Belarus”, art. 112: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/
Verified: 2023/09/13
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Local referenda shall be called by the corresponding local representative bodies on their initiative or on the proposal of no less than ten percent of the citizens eligible to vote and residing in the corresponding territory.
The issues, which may be submitted to a local referendum, include the most important issues for the population of respective administrative territorial units, which fall within the competence of the respective local Councils of Deputies, and executive and administrative bodies.
Source: Constitution: “Constitution of the Republic of Belarus”, art. 75: https://aceproject.org/ero-en/regions/europe/BY/belarus-constitution-2021-english/ ;
Electoral Code: "Electoral Code of the Republic of Belarus”, art. 112: https://aceproject.org/ero-en/regions/europe/BY/belarus-electoral-code-2023-english/
Verified: 2023/09/13
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