The Republic of Belarus Unitary state

THE REPUBLIC OF BELARUS

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Structures and competences

According to the Constitution of Belarus, Belarus is a presidential Republic. The transition from a semi-presidential system to a more presidential system took place following a referendum in 1996, when a modification to the Constitution introduced substantially increased presidential powers. The Constitution establishes the principle of the division of powers: the legislature, executive, and judiciary each operate independently within their own areas of responsibility.

The president is the head of state. The parliament – the legislative body at the national level – is the National Assembly (Natsionalnoe Sobranie, Национальное собрание). This comprises the Lower House: the House of Representatives (Palata Predstavitelei, Палата представителей), and the Upper House: the Council of the Republic (Soviet Respubliki, Совет Республики).

Executive power at the national level is concentrated in the government, through the Council of Ministers (Soviet Ministrov, Совет Министров) which comprises 24 functional and sectoral ministries and 7 state committees.

Executive bodies function at three main levels of territorial authority:

  • the primary level (pervichnyy), which includes village, town and city territorial levels of authority;
  • the so-called basic level of authority (bazovyy), which includes cities located within the country’s administrative regions, as well as districts (rayony) that form part of administrative regions;
  • the oblast authorities corresponding to the country’s administrative regions (oblasts), and including the capital city Minsk.

At the sub-national level there are 1,328 self-governing local Councils of Deputies (mestnye Soviety, местные Советы) at these three territorial levels – 1,193 primary units (township, village, town); 128 basic units (city, rayon); and 7 regional units (oblast and Minsk city). Minsk, as the country’s capital and largest city, possesses a special status which makes it a voblast capital and a self-governing municipality of its voblast.

Law of the Republic of Belarus No. 617-II of 20 February 1991 “On Local Government and Self-government in the Republic of Belarus” established the principle of local government and self-government in Belarus and made provisions for the transfer of power to the local Councils of Deputies. This law delegates the power of party bodies to the local level and that of the executive committees to the local councils, thereby creating real preconditions for the development of local self-government and local governements.

In accordance with the Constitution of the Republic of Belarus which was adopted on March 15, 1994, local bodies have the following functions: “to resolve issues of local significance proceeding from the interests and national interests of the people who reside in the corresponding territory; and to implement the decisions of higher state bodies”.

Subsequent decrees have nevertheless led to a number of changes in the organisation and the division of powers at the sub-national level:

  • The Decree of the President No. 383 “On Reforms of Local Government and Self-Government” (September 19, 1995);
  • The Decree of the President No. 434 “On Unification of Administrative Units of the Republic of Belarus Which have a Common Administrative Centre” (October 20, 1995) – which has resulted in the abolition of district Councils of Deputies in cities and the establishment of district administrations that are accountable to the upper executive committees, and the unification of rayons with cities and towns within a single administrative unit. Under the constitutional amendment further to the 1996 referendum, the president is empowered to influence self-government and local governments through “staffing” decisions and the cancellation of acts conflicting with national laws. 
  • In 2010 a new Law of the Republic of Belarus “On Local Government and Self-government in the Republic of Belarus” Nos. 108-3 (January 4) was passed, setting out the principles of local government and self-government.

The principal documents relating to local government in Belarus are:

  • The Constitution of the Republic of Belarus, Section V, Articles 117-124;
  • The Law of the Republic of Belarus “On Local Government and Self-Government in the Republic of Belarus” Nos. 108-3 (January 4, 2010);
  • The Budget Code of the Republic of Belarus Nos. 412-З (July 16, 2008)

Consequently, since 1994, the process of shaping and developing local self-government in Belarus initially stopped, then reverted to zero. As detailed above, in 1995 a so-called “vertical hierarchy of presidents” of the executive administrative bodies (executive committees) was established by the “delegation” of council powers to the executive committees. The competences of the committees were increased considerably, and the influence of the councils on the executive committees effectively diminished with respect to political, economic, and human resources issues. Special amendments were made to the Constitution and to legislation in order to reallocate the subordination of the executive committee of the councils to the president and to the government. Following this reform, since 1999, the “vertical hierarchy of presidents” established with respect to local governing bodies has only grown stronger.[1]

The system of local and regional government in the Republic of Belarus is as such based on the principles of the State theory of local government. This theory appears in the works of German scientists Rudolf Gneyst and Lorenz Stein in the mid-19th century.

These principles can be represented as follows:

  • Local government is a continuation of the state, and its bodies are effectively local branches of the central authorities;
  • The spheres of competence of the local governements are national objectives; their actions can have no other goal than those formulated by the state;
  • Every public agreement is covered by the central authorities, such that the true meaning of the existence of a local government is subordinated to the interests and objectives of the central government, rather than to the promotion of local interests.

[1] Mapping the obstacles to intermunicipal cooperation in Eastern partnership countries, 2015-2017, Joint Council of Europe and European Union publication

The constitution of local public administration:

The foundations of the legal status of local and regional authorities and self-government are prescribed in the Constitution of the Republic of Belarus and in the Law of the Republic of Belarus “On local government and self-government in the Republic of Belarus” (January 4, 2010). The concept of local democracy featuring in the Constitution of the Republic of Belarus implies the existence of two kinds of local government (section 5, article 117-124): The term “local government” refers to the activity of local executive administrative bodies, who are directly accountable to, and the authority of which is subordinated to, the president of the Republic of Belarus (article 119 of the RB Constitution). The expression “local self-government” refers to the activity of local councils of representatives elected by citizens for a period of 4 years (article 118 of the RB Constitution). The Constitution directly establishes a descending hierarchy for both the executive administrative bodies and the Councils, introducing the concept of a “higher administrative body” and “higher representative body” (article 122). The highest level of power for the executive administrative bodies is the President of the Republic of Belarus, and for the representative bodies, the Parliament: the National Assembly of the Republic of Belarus. In this way, the model of power comprises two coordinated vertical hierarchies – representative power and executive power are constitutionally established in the Republic of Belarus.
On its outside appearance, this model is close to the Soviet model of organisation for local governments, with one essential exception. In accordance with the 1977 USSR Constitution (article 149 of the USSR Constitution), local executive bodies were formed and monitored by local councils of people’s deputies, as well as being governed by them. According to the Constitution of the Republic of Belarus, the President of the Republic establishes local executive bodies by appointing the heads of competent authorities or by regulating the priority order of this nomination. In this respect, it is possible to draw the paradoxical conclusion that the Soviet system of organisation for local governements was more in keeping with the spirit of the European Charter of Local Self-Government than the system that exists today in the Republic of Belarus. It should be noted that, in spite of the powers proclaimed by the Law “On local government and self-government in the Republic of Belarus”, local governements are almost fully lacking the ability to pursue independent regional development policies. Local government or self-governance is seen as a form of organisation and activity of the population living on the territory for the pursuit of interests and the interests of citizens in a way that takes into account the developmental characteristics of administrative and territorial units. This definition coincides insufficiently, but functionally, with a perspective on regional development in conformity with the Charter.
Furthermore, within Belarusian legal practice, the terms “local community” and “community” are not used. In fact, there is no community in Belarus towards which local government is oriented. Belarus is the only European country which has not ratified the European Charter of Local Self-Government. At the same time, Belarusian legislation does contain the term “territorial ownership” which, according to international law, is recognised as nonsense because territory cannot be owned. A consistent trend is observed towards excessive centralisation, the reciprocal imposition of local government administrative functions at different levels, and a constant shortage of funds to solve local problems. All of these processes are aggravated by a weak level of skill and expertise and the inertia of numerous local administrations. The existing weak bodies of local self-government are unable to resolve key problems in regional development, and their inadequate or generally non-existent facilities are incapable of correctly fulfilling functions which are often duplicated, in spite of numerous laws and decrees adopted by the central government in order to improve efficiency. Finally, there is no national association of local councils of deputies in the Republic of Belarus to represent the interests of local governements at the national and international levels.
• Electoral system at the local and regional level:
At the local level, citizens elect local Councils of Deputies for four years through secret ballot. The number of deputies depends on the number of people residing in a territory: the system is based on single-member districts. As of 2014 (recent elections), there were 18,816 districts (and 18,809 deputies elected). Members of the Council of Deputies elect the Chair of the Council of Deputies from among the deputies by secret ballot.
At the regional level, candidates are proposed by the members of the same Council of Deputies; at the local level, candidates are proposed by the members of the same Council of Deputies and by the Chair of the higher Council of Deputies.
At the primary level, the Chair of the Council of Deputies is the Chair of the executive committee of the same level. He or she is elected by secret ballot among the deputies. The deputies of the Council of Deputies from the primary level and the Chair of the executive committee of the basic level propose candidates; then the Chair of the executive committee approves the elected person. If the Chair of the upper executive committee does not approve the candidate, then it falls to the Chair to propose the candidate for the Council of Deputies.
The Chair establishes the procedure for the nomination of officials to local executive and administrative bodies.
The president appoints and dismisses the Chair of the executive committee at the regional level. When the president makes an appointment, the Council of Deputies of the same level approves the chair in an open vote. If the Council of Deputies does not approve the Chair twice, the president makes the final decision.
The Chair of the executive committee at the regional level appoints and dismisses the Chair of the executive committee at the basic level (in agreement with the president). The Council of Deputies at the same level approves the Chair by open voting. If the Council of Deputies does not approve the Chair twice, the Chair of the higher executive committee makes the final decision.

COMPETENCES OF DIFFERENT LEVELS OF AUTHORITY:

The Central level:

  • Directs local executive bodies on certain issues;
  • Controls local bodies in the field of law enforcement;
  • Creates conditions for the training of local bodies employees;
  • Assists local bodies in the organisation of their activities;
  • Regulates the relations of local executive bodies and other state bodies subordinated to the Council of Ministers;
  • Delegates its powers to local bodies, if necessary

The Local level:
The local councils of deputies:

  • Approve regional development programmes;
  • Approve the procedure for communal property use;
  • Address issues relating to administrative and territorial structures;
  • Organise local referenda.

Local executive committees:

  • Develop, and introduce for approval by the Councils of Deputies, management schemes for the local economy and communal property, as well as proposals for the organisation of the protection of public order;
  • Develop, and introduce for approval by the Councils of Deputies, projects or programmes of economic and social development, the local budget and report on their implementation to the Councils of Deputies;
  • Ensure the compliance of laws, decrees and other acts with the Constitution;
  • Organise the income of local budgets and its target use;
  • Decide on the issuance of local securities and conduct auctions;

Manage communal property;

Decide on the establishment, reorganisation and liquidation of enterprises, organisations, institutions and associations in communal ownership;

Issue permits for the location of enterprises, organisations, institutions and associations on local territory;
Their exclusive competences are:

  • To approve regional development programs;
  • To approve the procedure for communal property use;
  • To organise local referenda.

Furthermore, the few Belarusian experts on local public administration lack a uniform approach to the pan-European conceptual framework and do not use the same terminology. The reason for this is that there is no real system of information on the reforms adopted and on implementation in other European countries, especially those of central and eastern Europe (including the countries of the CIS), on the results of these reforms, and on their progress and failures.
The subject of local self-government is unpopular among the scientific publications of Belarusian academics. The methodological base of Belarusian universities also leaves much to be desired, as does the level of academic teaching in the “Public Administration” specialism. The discipline “Municipal Law” is furthermore excluded from university teaching programmes.
The “Public Administration” specialism is lacking prestige at a time when young university graduates are having difficulty finding employment. There are no new postgraduate studies on issues relating to local self-government, due to the fact that in the Republic of Belarus this subject is considered to hold few prospects. Such a situation may create very serious problems in the near future. These will become especially evident when the existing system of local government undergoes modernisation and adaptation to meet the key requirements of the European Charter of Local Self-Government.

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HISTORY
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