What will soon be submitted to a referendum in Belarus is not a new Constitution at all. Formally, these are amendments to the current Constitution of 1994. True, little remains of the 1994 text. This text has already survived one «reform» in 1996, when President Lukashenko significantly expanded the powers of the President of Belarus and at the same time met with resistance from the then Supreme Council. Then a delegation of the Russian State Duma came to reconcile them. Didn't reconcile. The Supreme Council was dissolved, and the president became the sovereign master of the country.
About a quarter of a century has passed.
And here is a new alteration of the constitutional text. It seems to be seen as the president's reaction to the events of 2020. Then Lukashenka, meeting with Russian journalists, said:
«I overstayed.» It was hard to argue with that.
In this regard, he promised to change the Constitution soon.
What do we see today in the latest version of the draft amendments?
All changes can be divided into two categories.
- Decorative amendments (they are also ideological)
- Amendments that change the structure of power.
Decorative amendments
Decorative amendments do not change anything in the essence of the state. But they can demonstrate, tell citizens something about the mindset of the head of state. This is usually the case in authoritarian states.
Here is an example.
Amendment to art. 4.
It used to be: “Democracy in the Republic of Belarus is based on a variety of political institutions, ideologies and opinions.”
Became: «Democracy in the Republic of Belarus is based on the ideology of the Belarusian state, as well as the diversity of political institutions and opinions.»
What is this “ideology of the Belarusian state”? The Constitution says nothing more on this subject. But, probably, one can guess: this is what the head of state will understand by this. In general, he will decide for himself.
Alexander Lukashenko. Photo: Maxim Guchek/BelTA/TASS
It is interesting that the next part of the same article reads:
«The ideology of political parties, religious or other public associations, social groups cannot be established as mandatory for citizens.»
If someone has an idea about a clear contradiction, then I think it can always be resolved : after all, it is party ideologies that cannot be binding on citizens, but state ideology can.
But, of course, if without verbiage, democracy is generally incompatible with any state ideology.
New second part of Art. 15 seems to be taken from the recently updated Russian Constitution:
From Article 15
“The state ensures the preservation of historical truth and memory of the heroic deed of the Belarusian people during the Great Patriotic War.”
The same can be said about the new edition of Art. 32:
From Article 32
“Marriage as a union of a woman and a man, the family, motherhood, fatherhood and childhood are under the protection of the state.”
There is an impression that as the new part of Art. 46 is also somehow connected with cooperation between our countries.
From article 46
“The Republic of Belarus develops nuclear energy for peaceful purposes, ensures safety in the production and use of nuclear energy.”
This is not a very constitutional topic. But if we consider some articles as a political declaration of intent… Then everything is possible.
Even in the draft amendments, it was interesting to find
something that would indicate the possible development of our Union State. Some hints for further integration. I could not find such amendments.
Let's move on to the main thing.
Amendments to the structure of power
The proposed constitutional amendments will change the structure of state power in Belarus. In a number of amendments, some power powers are withdrawn from the president. The powers are quite serious.
Withdrawn from the president:
- appointment of judges
- the right to appoint (separately) chairmen of the highest courts — Constitutional, Supreme,
- the right to appoint six members and the chairman of the Central Electoral Commission.
By the way, the Constitution is returning a norm that limits the number of terms for which the same person can hold the office of president to two.
Some powers are also withdrawn from the Council of the Republic — the upper house of the Belarusian parliament.
Withdrawn from the Council of the Republic:
- the right to appoint six judges of the Constitutional Court
- the right to appoint six members of the Central Electoral Commission.
All these powers are transferred to a new body called the «All-Belarusian People's Assembly» (VNS) — six new articles are devoted to it: from 89-1 to 89-6. Here is how the draft of the corresponding amendment defines it.
What is the «All-Belarusian People's Assembly» (VNS)
«The highest representative body of the people's power of the Republic of Belarus, which determines the strategic directions for the development of society and the state, ensuring the inviolability constitutional system, continuity of generations and civil harmony.
The maximum number of the All-Belarusian People's Assembly is set at 1200 people.
The term of his powers is 5 years.
Delegates of the All-Belarusian People's Assembly take part in its work «without interruption from labor (official) activities» .
Let's also pay attention: «delegates», not «deputies».
If we look for historical analogies that allow us to comprehend the essence of the new institution, then first of all we recall the Congresses of Soviets in the USSR in the first years of its existence. Well, and the Congresses of People's Deputies that worked in the Russian Federation and in the USSR on the eve of its collapse. That is, we are talking about crowded meetings of people who performed this public function without interrupting their main work and were occasionally convened to vote on historical decisions prepared in advance.
Well, you can also recall a similar cumbersome and rarely assembled body — People's Consultative Congress in Indonesia under the dictator Suharto. But we still won't go that far.
However, the serious difference between the projected All-Belarusian People's Assembly and the Congress of People's Deputies is obvious. People's deputies were elected to congresses in the course of direct elections and sometimes in conditions of acute political struggle. It was the time of perestroika. Because of this, congresses (both Union and Russian), as really elected bodies, could sometimes show both their temper and collective political will.
The ANC, judging by the text of the draft constitutional amendments, is planned as an appointed and purely controlled body.
Who the «All-Belarusian People's Assembly» should consist of:
- President of the Republic of Belarus;
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- the president of the Republic of Belarus, who “terminated the exercise of his powers due to the expiration of his term in office or ahead of schedule in the event of his resignation” (it is said about the president in the singular, as if there could not be other members of the Supreme National Assembly later presidents who also terminated their powers);
- representatives of the legislative, executive and judicial authorities;
- representatives of local Councils of Deputies;
- representatives of civil society.
By «representatives of the legislative, executive and judicial authorities” means, as far as one can judge, judges of the highest courts of Belarus, deputies of both houses of the National Assembly and, probably, members of the government. All of them will have to be members of the VNS, so to speak, ex officio.
How representatives of local Councils and «civil society» will be selected/elected is not mentioned in the draft. A special law will be devoted to this.
Based on the foregoing, it can be understood that
the composition of the National Assembly will, to put it mildly, slightly depend on the moods and preferences of the electorate of Belarus.
< p> But the powers of the VNS, especially those that are supposed to be transferred in its favor from other state bodies, look solid. According to the draft, the SPC, at the proposal of the president, previously agreed with the Presidium of the All-Belarusian People's Assembly:
Powers of the SPC
— to elect the Chairman and judges of the Constitutional Court and dismiss them on the grounds provided for by law;
— to elect the Chairman and judges of the Supreme Court and dismiss them on the basis of on the grounds provided by law;
— elect the chairman and members of the Central Election Commission and dismiss them on the grounds provided by law.
It should be noted here that all these appointments must be made at the proposal of the president, but previously agreed with the presidium of the WPC. So it turns out that another very influential body appears in the state. The draft says about it this way:
The Presidium of the All-Belarusian People's Assembly is
“a collegial body that ensures, in accordance with the procedure established by law, the prompt resolution of issues within the competence of the All-Belarusian People's Assembly.”
As expected, the All-Belarusian National Assembly will not only have a presidium, but also a chairman. Its delegates to the National Assembly will have to be elected by secret ballot.
From the draft it turns out that the president of the Republic of Belarus will not be the head of the named new bodies. Quite the contrary: it follows from the draft that
The All-Belarusian National Assembly can, in critical cases, correct (or pull?) the president, and, well, remove him if he “systematically” violates the Constitution.
< p>This is not a polemical exaggeration. According to the draft, the SNA has the right to impose a state of emergency or martial law on the territory of the Republic of Belarus «if there are grounds provided for by the Constitution, and in the event of the president's inaction on these issues.»
And who will determine that the president is «inactive» ? Apparently, the presidium of the VNS. Although the president remains the head of state and commander-in-chief of the Armed Forces. Interesting collision.
Minsk. March 15, 2017. Participants of the «March of the Non-Parasites» against Lukashenka's decree on Constitution Day. Photo: Viktor Drachev/TASS
Well, if the president allows «systematic or gross violation of the Constitution», then the All-Belarusian People's Assembly can remove him.
Determine the fact that violations of the Constitution were of a systematic or gross nature, will have to the Constitutional Court. It is especially important here that
all judges of the Constitutional Court, according to the amendments, will be appointed and, most importantly, dismissed by decisions of the SPC.
The SPC will also have the right to consider the question of the legitimacy of the elections. I have not come across such a power in other constitutions. Let's say we know that the Central Election Commission of the Russian Federation considers complaints about the legality of certain actions during the elections. But legitimacy is not legitimacy. The fact is that the term «legitimacy» has not a legal, but a political science meaning. According to the German sociologist Max Weber, who was the first to use this term in the context of political analysis, «legitimacy» means the moral justification of power as a whole (or its separate institution) in the eyes of the population. Is this what you mean?
However, it is more or less clear that if the presidium of the National Assembly or its chairman is not satisfied with the results of any elections, then the Supreme National Assembly may call into question their legitimacy. And then the turn of the Central Election Commission will come — to find violations of the law. It is especially important here that
all members of the Central Electoral Commission are appointed and dismissed by decisions of the All-Belarusian People's Assembly.
The All-Belarusian People's Assembly does not fit into any branch of power. More precisely, it combines the functions of both the legislative and executive branches. For example, it must adopt acts that are usually adopted by legislators or (as in Russia) by the president of the state:
- the main directions of domestic and foreign policy,
- military doctrine,
- concept of national security,
- social and economic development programs.
In addition to legislative, personnel and control powers, the SNC will have powers that will probably have to be given to it ( and its presidium and its chairman) authority and influence similar to those of a president. That is, to give him the power of the chief executive.
Judge for yourself.
The All-Belarusian People's Assembly will have the right to give «binding instructions to state bodies and officials» (paragraph 12 of Article 89-3). The same provision is duplicated in another article (probably just in case?):
On other unique powers of the Supreme People's Assembly
“Decisions of the All-Belarusian People's Assembly are binding and can cancel legal acts, other decisions of state bodies and officials that are contrary to the interests of national security, with the exception of acts of the judiciary.”
What does «contrary to national security interests» mean? Let's not try to find an answer. In any case, he is outside the sphere of law.
True, it is important to point out here that the Constitution of Belarus gives the president approximately the same powers. He also «issues decrees and orders that are binding on the entire territory of the Republic» (Article 85 of the current version of the Constitution). And it also has the right to “cancel the decisions of local executive and administrative bodies in case of inconsistency with the law.”
Here the field for conflicts, frankly, opens up a vast one.
Belarus also has a bicameral parliament — the National Assembly. In his position, the projected amendments do not change almost anything — well, except for the fact that they take away a couple of powers (by appointment of judges of the Constitutional Court and members of the CEC) from the Council of the Republic.
The parliament in Belarus is an extremely weak, if not decorative, body. And after 1996, he could no longer get out of this state. But now, as noted above, both chambers in full force will be included in the All-Belarusian People's Assembly — this is how the words “representatives of the legislative power” can be understood.
Let's try to sum up.
Results
In the Belarusian In the state, on the basis of amendments to the Constitution, power is built in the form of a strange five-story structure:
- two chambers of the National Assembly
- government
- president
- All-Belarusian National Assembly.
On paper, the scheme turns out exactly like this, but in reality it should be 80–90% of the same people:
VNS are deputies, ministers and presidents (one former, one new, who has not yet been elected ). Plus delegates from local councils and some public organizations.
How can the president of Belarus (not the current one, but, let's say, some new one) interact with this seemingly completely manageable team, more precisely, a set of manageable teams headed by the chairman? Probably, the current president, Alexander Grigoryevich Lukashenko, puzzled over this issue. His current status is actually the status of a dictator, if you call a spade a spade. His power is undivided. But in the new construction, power is, in fact, nevertheless divided — yes, absurdly and unnaturally — between two bodies. Between the president and a kind of super-parliament, consisting of the houses of the usual decorative parliament and some additions.
Suppose the current president wishes to become chairman of the super-parliament — the ANC. But the latter will have to assemble only occasionally. And the new (for example, new) president will work permanently, and all executive authorities, including law enforcement agencies, remain under his control.
The main problem, in my opinion, is that presidential powers, according to In fact, they are duplicated by the powers of the SNA.
With a normal separation of powers, powers are distributed depending on the function of each of the branches of power. But here we do not have a normal separation of powers: there are coinciding competencies and two political figures who will have to manage the same groups of functionaries.
In principle,
the best way to avoid conflicts in such a construction is a very weak person in the presidency. Completely dependent on Alexander Grigorievich and timid. Perhaps this is what they are now choosing.
Another variant of probable harmony is the cautious and calm behavior of the Supreme People's Council, its presidium and chairman. Is this possible if this chairman is A.G. Lukashenka? Do not know. Hard to believe.