Правасуддзе. Фота БЕЛТА
Justice. BELTA photo
Legal system of the Republic of Belarus
The legal system of the Republic of Belarus was historically formed under the influence of European legal culture. It belongs to the so-called Roman-Germanic Law Family, which is characterized by a well-defined structuredness of the law, its division into branches and institutes. The system of law plays the defining role in the country’s legal system. Presently, the system of law of the Republic of Belarus has following basic branches:
1. Constitutional Law. Its norms regulate the basics of the country’s political system, secure civil rights and duties, determine the order of forming and functioning of regulatory and administrative authorities, set the system of justice. The basic source of the Constitutional Law is the Constitution of the Republic of Belarus, which possesses the highest legal force. In the case of divergence of the Constitution with other regulations, only Constitution must be applied.
2. Civil Law. This is the branch of law, regulating the property relations and associated with them personal non-property relations. Civil-law relations are regulated by the norms of the Constitution of the Republic of Belarus, the Civil Code of Republic of Belarus and other regulations corresponding to these legislative acts.
3. Administrative Law. The norms of this branch of law regulate relations, arising between governing bodies, and also relations between governing bodies and citizens. There are norms of the Administrative Law mainly in the Constitution of the Republic of Belarus and in the Code of Administrative Offences of the Republic of Belarus, and also in other laws, decrees and edicts of the President of the Republic of Belarus, governmental decrees, acts of ministries, state committees and other bodies.
4. Criminal Law. This branch of law sets which acts of people are crimes and which penalties the persons who committed them should carry. The only source of the Criminal Law is the Criminal Code of the Republic of Belarus, which is based on the Constitution of the Republic of Belarus, generally recognised principles and norms of international law.
5. Labour Law. It regulates relations between workers and employers. These relations are regulated by both the state and the agreement of the parties. The basic sources of the Labour Law are the Constitution of the Republic of Belarus, the Labour Code of the Republic of Belarus, other legislative and subordinate acts.
6. Family Law. It determines marriage and divorce procedures, regulates the personal and property relations of the married couples and other family members, relations of adoption, guardianship, custody, defines procedures for registration of civil status acts, etc. Norms of the Family Law are contained in the Constitution of the Republic of Belarus, in the Code of the Republic of Belarus on Marriage and Family and in other legislative acts.
7. Land Law is the system of legal norms, regulating relations concerning land resources management in order to provide rational land use and land protection. The land matters are regulated by corresponding norms of the Constitution of the Republic of Belarus, the Code of the Republic of Belarus on land, by other legislative and subordinate acts.
8. Financial Law. It regulates relations in the field of accumulation, distribution and use of public funds. Norms of the Financial Law are contained in the articles of Section 7 of the Constitution of the Republic of Belarus, the Bank Code of the Republic of Belarus, the Tax Code of the Republic of Belarus, laws on republican budget, taxes and duties, in decrees and edicts of the President of the Republic of Belarus, decrees of Government of the Republic of Belarus, Ministry of Finance of the Republic of Belarus, etc.
9. Criminal Executive Law. Regulates an order and terms of serving the criminal punishment, imposed by court, and activity of bodies and institutions, implementing the punishment. The Criminal Executive Code of the Republic of Belarus) is a primary act, containing the norms of the Criminal Executive Law.
10. The Criminal Procedure Law is the system of legal norms, determining the order of proceedings in criminal cases. They regulate activity of bodies of inquiry, preliminary investigation, Office of Public Prosecutor, court on launch and investigation of criminal cases, legal status of participants in a criminal case, order of gathering and evaluation of evidence, sentencing and appeals against sentences, etc. The norms of the Criminal Procedure Law are contained in the Code of Criminal Procedure of the Republic of Belarus.
11. The Civil Procedure Law is a branch of law, regulating the order of legal proceedings on civil, family, labour and some other cases. The sources of the Civil Procedure Law are the Code of Civil Procedure of the Republic of Belarus and the Code of Economic Procedure of the Republic of Belarus.
- Belarusian National Bar Association;
- Belarusian Republican Union of Lawyers;
- Belarusian Trade Union Federation;
- Fund of Social Protection.