Legal Framework

Constitutional Provisions

Every citizen has a right to associate with others (Article 36 of the Constitution of the Republic of Belarus, as of 24 November, 1996). The Constitution also implies a provision on right of people to create political parties and be united in these parties without any compulsory membership (Article 4 and 5 of the Constitution of the Republic of Belarus, as of 24 November, 1996).

More

Legal Framework

Constitutional Provisions

Every citizen has a right to associate with others (Article 36 of the Constitution of the Republic of Belarus, as of 24 November, 1996). The Constitution also implies a provision on right of people to create political parties and be united in these parties without any compulsory membership (Article 4 and 5 of the Constitution of the Republic of Belarus, as of 24 November, 1996).

Primary Legislation

There are more than 150 various legal acts and orders regulating the sphere of freedom of association. As a primary piece of legislation can be counted the following laws:

1. Law of the Republic of Belarus “On Public Associations” (As of 4 October, 1994). 

2. Law “On Political Parties” (As of 5 October, 1994).

3. Law “On Freedom of Conscience and Religious Organizations” (As of 17 December, 1992).

4. Law “On Trade Unions” (As of 22 April, 1992).

5. The “Civil Code” of the Republic of Belarus (As of 1 July, 1999).

Secondary Legislation

The Decree of the President of the Republic of Belarus “On Some Measures for regulating the Activities of Political Parties, Trade Unions and Other Public Associations” (As of 26 March, 2002).

The “Regulation on State Registration (re-registration) of Political Parties, Trade Unions and Other Public Associations” (As of 26 March, 2002).

The Decree of the President of the Republic of Belarus “On Approval of the Composition of the Republican Commission on Registration (re-registration) of Public Associations” (As of 26 March, 2002).

Possible Restrictions and suspensions

There are standard limitations to the freedom of association envisaged in several constitutional provisions. The freedom of association can be limited in during the state of emergency (Article 63 of the Constitution of the Republic of Belarus, as of 24 November, 1996). The limitation for the freedom of association is envisaged also for the    representatives of the law enforcement agencies, judiciary, armed forces, security services, they can not be members of political parties, NGOs and other public associations which pursue political goals (Article 36 of the Constitution of the Republic of Belarus, as of 24 November, 1996).

Posted: October 2006

Hide