The judicial system of the Republic of Belarus 


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The judicial system of the Republic of Belarus



Under the Constitution of the Republic of Belarus the judicial power in the RB is vested in courts of law. The judicial system of the Republic is made up of courts of law of three tiers. On the top of the judicial pyramid is the Supreme Court of the Republic of Belarus. It is the highest appellate court of the country. It is headed by the Chairman of the Supreme Court of the Republic of Belarus who is appointed by the President on the consent of the upper house of the National Assembly - the Council of the Republic. The Supreme Court judges are nominated by the President on the advice of the Chairman and must be approved by the Council of the Republic. Once approved, all members of the Court hold office for life. The Supreme Court includes separate divisions for civil, criminal and military cases. It has original jurisdiction in cases involving foreign dignitaries and those in which the state is a party. It also may decide most serious criminal cases and hear appeals from lower courts.

The middle tier of the republican judicial system is made up of the six regional courts and the Minsk Town Court. The composition of those courts is similar to that of the Supreme Court. All judges of the regional courts including their chairmen are nominated by the President on the recommendation of the Chairman of the Supreme Court and the Minister of Justice for life. These courts deal with major criminal, civil and military cases and hear appeals from inferior courts. The decisions of the regional courts may be appealed only to the Supreme Court.

At the bottom of the judicial pyramid are district and town courts spread all over the country. Most litigation starts in these courts. A district or town court usually consists of a chairman and a number of judges, depending on the size and the population of the district. In a trial one judge and two public representatives take part. All judges of these inferior courts are appointed by the President on the recommendation of the Chairman of the Supreme Court and the Ministry of Justice. The first term of office of an inferior court judge is five years; all other judges are appointed for life. District and town courts decide both criminal and civil cases and deal with administrative matters involving disputes between individuals and individuals and government departments. The decisions of district and town courts may be appealed to the corresponding regional court and further up to the Supreme Court of the Republic of Belarus.

 

 

THE CODE OF CRIMINAL LAW (А)

The Code of Criminal Law comprises two parts: the general part and the special part. The general part of the Code contains five sections, which in their turn are subdivided into chapters and articles. All in all the special part of the Code contains 16 chapters and 121 articles. Articles are segmented into parts and paragraphs.

The first section of the Code contains two chapters stating general provisions and the scope of criminal law in time and area.

The second section is entitled ‘Grounds and conditions of criminal liability’. It contains 5 chapters (from 3 to 7) and provides general definitions of crimes and delinquency, the conditions of criminal liability, the circumstances eliminating delinquency, and multiple crimes.

Section 3, which comprises 6 chapters, is entitled ‘Criminal liability’. It states general provisions concerning criminal liability, kinds of punishments, exemption from criminal liability, and cancellation of conviction.

Section 4 comprises only one chapter, which designates compulsory measures of security and medical treatment.

Section 5 describes features of juvenile criminal liability and specific punishments applicable to minors.

The special part of the Code of Criminal Law is much larger and contains 344 articles organized into 10 sections and 21 chapters. This part of the Code defines special kinds of crimes and punishments for these crimes. Section 6, for instance, defines crimes against peace, humanity crimes and war crimes. This special part of the Code also provides definitions of crimes against individuals, such as crimes against life and health, sexual crimes, crimes against family, encroachments on personal liberty, honor, dignity and constitutional rights and liberties of citizens.

Chapter 8 defines crimes against property and crimes in the sphere of entrepreneurship.

There are also chapters concerning environmental crimes, crimes against public safety and health, and crimes against traffic safety.

This part of the Code provides definitions of crimes against public order and public moral.

A separate chapter, Chapter 12, is designated for a specific kind of crimes – crimes against informational security.

The special part of the Code in Chapter 13 defines crimes against the state, government, justice and public service.

There is also a special chapter defining military crimes and the crimes of conscripts.

It should be mentioned that the Code of Criminal Law is not an immutable document. It must reflect the changes, which are taking place in the society. For instance the toughening of the traffic regulation in the part of overspeeding and drunk driving necessitates amending of the Code both in the definition of crimes and the punishments.

 



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