Parliament name (generic / translated) |
Natsionalnoye Sobranie / National Assembly |
Structure of parliament |
Bicameral |
Chamber name (generic / translated) |
Soviet Respubliki / Council of the Republic |
Related chamber (for bicameral parliaments) |
Palata Predstaviteley / House of Representatives
|
NATURE |
Nature of the mandate |
· Linked representation - imperative mandate |
Start of the mandate |
· At the beginning of the first session of the legislature. Procedure. |
Validation of mandates |
· No validation |
End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution |
Can MPs resign? |
No |
|
Can MPs lose their mandate ? |
Yes |
Revocation before expiry of mandate (Art. 72 (3) of the Constitution of 27.11.1996) |
STATUS OF MEMBERS |
Rank in hierarchy |
· Within Parliament:
1. The President
2. The Vice-President
3. The Presidents of Standing Committees
4. The other deputies
|
Indemnities, facilities and services |
· Diplomatic passports for the President and the Vice-President; for the other deputies, only by decision of the President of Belarus
· Basic salary
+ Additional allowance: in accordance with function
· No exemption from taxes
· Pension scheme
· Other facilities:
(a) Assistants
(b) Travel and transport expenses
|
Obligation to declare personal assets |
Yes |
|
Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 102 (1) of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.
· Derogations: slander and insult (Art. 102 (1) of the Constitution); use of rude or insulting words, call for illegal and violent action (see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. |
Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 102 (2) and (3) of the Constitution).
· It applies to criminal and civil proceedings and covers all offences with the exception of State treason and other very serious crimes. It protects MPs only from arrest and from being held in preventive custody, not from the opening of judicial proceedings against them and from their homes being searched. However, when criminal proceedings are instituted, a special procedure applies (trial by the Supreme Court).
· Derogations: in case of flagrante delicto, State treason and other very serious crimes, the protection does not apply (Art. 102 (2) of the Constitution).
· The current state of law does not provide an answer to the question of parliamentary inviolability preventing MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 102 (2) of the Constitution):
- Competent authority: the Council of the Republic
- Procedure: in this case, MPs can be heard, but do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
|
EXERCISE OF THE MANDATE |
Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of special seminars, lectures and training courses.
· It is provided by Parliament and the Academy of Management under the President of the Republic.
· Handbook of parliamentary procedure:
- Rules of Procedure of the Council of the Republic
|
Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings and other meetings.
· No penalties are foreseen in case of failure to fulfil this obligation.
|
Discipline |
|
Code (rules) of conduct |
· This concept does not exist in the country's juridical system. |
Relations between MPs and pressure group |
· There are no legal provisions in this field. |