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The Republic of Belarus The Republic of Belarus is situated in the centre of Europe. It borders on Latvia, Lithuania, the Ukraine, Russia and Poland. Its present population is about 9 million people. Belarus is a land of vast plains and picturesque hills, thick forests and green meadows, deep blue lakes and flowing rivers. Belarus has moderately continental climate due to Atlantic influences with a worm winter and with a worm summer. The most of the world Belarus is relatively know, a new country in the central Europe. The history of Belarus goes back to ancient times beginning with the Polotsk Principality in the 10th century. From the 13th century till the 16th century the territory of present-day Belarus was the core of the Grand Duchy of Lithuania in which Belarussian was the official language. It was one of the largest, most powerful and flourishing state, in Eastern Europe. As Belarus is situated in the centre of Europe many wars took place in its territory. One of the greatest wars was in 1812 when the emperor Napoleon attacked Russia. And Belarussian lands became the arena, of military actions. In the 20th century alone Belarus has lived through three revolutions and three bloody wars. The Great Patriotic War of 1941-1945 is one of the most heroic and tragic periods in the history of the century. For three years the territory of Belarus was occupied by the Nazi. The country lost more than 3 million people many lawns and villages were ruined. Today Belarus is a developed industrial state. Industry makes up 70% of the Gross National Product. The main industries are wood-working, chemical industry, food, light and other. Agriculture of Belarus specializes in milk, meet, flax, vegetables and fruits. At present Belarus actively participates in an effective international partnership with the government of different state and international organization. |
The system of government In theory, the constitution has three branches: Parliament, which makes laws, the government, which “executes” laws, i.e. puts them into effect, and the law courts, which interpret laws. Although the Queen is officially head of all three branches, she has little direct power.Parliament has two parts: the House of Commons and the House of Lords. Members of the House of Commons are elected by the voters of 650 constituencies. They are known as MPs, or Members of Parliament. Members of Parliament take their seats on the green leather benches according to their party and position. One of them is chosen to be the speaker, who acts as a kind of chairman of the debates which take place in the House. In front of him on his right sit the MPs of the biggest party, which forms the government, and facing them sit the MPs of the parties who oppose them, the opposition.The House of Lords consists of the Lords Temporal and the Lords Spiritual. The Lords Spiritual are the Archbishops of York and Canterbury, together with twenty-four senior bishops of the Church of England. The Lords Temporal consist of hereditary peers who have inherited their titles; life peers who are appointed by the Queen on the advice of the Government for various services to the nation; and the Lords of Appeal(Law Lords) who become life peers on their judicial appointments. The latter serve the House of Lords as the ultimate court of appeal. This appeal court consists of some nine Law Lords who hold senior judicial office. They are presided over by the Lord Chancellor and they form a quorum of three to five when they hear appeal cases.The functions of Parliament are: making laws; providing money for the government through taxation; examining government policy, administration and spending; debating political questions.There are two main types of Bills – Public Bills and private bills.Public and Private Bills are passed through Parliament in much the same way. First the Bill in introduce in the House of Commons, where it goes through 3 readings. If it is past by the Commons it goes to the Lords, where it has the same 3 readings. And it them receives Royal Assent and becomes and act of Parliament |
Making New Laws: Bills and Acts Parliament has two parts: the House of Commons and the House of Lords. Members of the House of Commons are elected by the voters of 650 constituencies. They are known as MPs, or Members of Parliament. The functions of Parliament are making laws, providing money for the government through taxation, examining government policy, administration and spending and debating political questions. Every year Parliament passes about a hundred laws directly, by making laws of Parliament. No new law can be passed unless it has completed a number of stages in the House of Commons and The House of Lords. Whilst a law is still going through Parliament it is called a Bill. There are two main types of Bills: Public Bills and Private Bills. When a Bill is introduced in the House of Commons, it receives a formal first reading. It is then printed and read a second time, when it is debated, but not amended. After the second reading the Bill is referred to a committee either a special committee made up of certain members of the House, or to the House itself as a committee. The Bill is then presented for a third reading and is debated. If the Bill is passed by the Commons it goes to the Lords and provided it is not rejected by them, it goes through the same procedure as in the Commons. After receiving the Royal Assent the Bill becomes an Act of Parliament. |
The Executive The executive can be divided into the three parts: the Privy Council, the Ministry and Government Department. The Privy Council developed from a small group of royal advisers at courts into the chief source of executive authority. The most important task of the Privy Council today is performed by its Judicial Committee. This serves as the final court of appeal from those dependencies and Commonwealth countries, which have retained this avenue of appeal. The Ministry is the government of the moment. The head of the Ministry is the Prime Minister. The functions of the Prime Minister are: leading the majority party, running the Government, appointing Cabinet Ministers and other ministers, representing the nation in political matters. Government departments are responsible for implementing Government policy. Each department is headed by two people: a political head who is usually the minister, and an administrative head from the Civil Service, called a permanent secretary. There are many such departments, for example the Home Office, the Department of Education, the Ministry of Defence, etc. |
The Constitution of the Republic of Belarus The Constitution is the Fundamental Law of the Republic of Belarus. The present-day Constitution of Belarus is the Constitution of the Republic of Belarus of 1994 amendments and addenda adopted at the republican referenda on November 24, 1996 and October 17, 2004. According to the Constitution, Belarus is a republic. The head of the state and the executive power is the President who is elected for a five-year term. The Constitution consists of a preamble and nine sections:-the bases of the Constitutional system;-the individual, Society and the State;-electoral system. Referendum;-the President, Parliament, the Government, the Court;-Local government and self-government;-the Procurator’s office. The State Supervisory Committee;-financial and credit system of the Republic of Belarus;-the application of the Constitution of the Republic of Belarus and the procedure for amending the Constitution;- final and transitional clauses. The Constitution defines the Republic of Belarus as a unitary democratic social state with the rule of law which possesses supremacy and absolute authority in its territory. The Republic of Belarus independently carries out domestic and foreign policy. The multitude of political institutes, ideologies and views is one of the foundations of exercising democracy in the Republic. According to the constitution the creation and activity of political parties, as well as other public associations which have as a goal a violent change in the constitutional system or are conducting propaganda of war, national, religious and racial hostility is prohibited in the territory of the Republic of Belarus. The Constitution establishes the principle of the supremacy of law. The State and all its bodies and officials act within the limits of the Constitution and the laws adopted in accordance with it. |
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Parliament (Belarus) Parliament – the National Assembly is the representative and legislative body of the Republic of Belarus. Parliament consists of two chambers, the House of Representatives and the Council of the Republic. The House of Representatives consists of 110 deputies elected on the basis of universal, free, equal and direct suffrage, by secret ballot. A deputy of the House of Representatives must be a citizen of the Republic of Belarus who has reached the age of 21. The Council of the Republic is a chamber of territorial representation. In each region and in the city of Minsk 8 members of the Council of the Republic are elected at the sittings of deputies by secret ballot. Eight members of the Council of the Republic are appointed by the President. A deputy of the Council of the Republic must be a citizen of the Republic of Belarus who has reached the age of 30 and has been a resident in the territory of the corresponding region or the city of Minsk no less than 5 years. The House of Representatives is entitled to hear the reports of the Prime Minister. The House of Representatives appoints elections of the President and accepts the resignation of the President. Sittings of the chambers are held separately. Each chamber elects its own Chairman and his Vice-Chairmen. Any draft law, unless otherwise provided by the Constitution, is first considered by the House of Representatives and then by the Council of the Republic. A draft law becomes a law upon adoption by the House of Representatives and approval by the Council of the Republic with majority of votes of the full list of members in each chamber. Parliament takes a decision on the President’s resignation. The term of office of Parliament is 4 years. |
The President and the Government The President of the Republic of Belarus is the Head of State, the guarantor the Constitution of the Republic of Belarus, the rights and liberties of man and citizen. The Fundamental Law of the Republic of Belarus establishes the requirements to the candidate for Presidency: citizenship of the Republic of Belarus, not younger than 35 years of age, having the right to vote, and having permanent residence in the Republic of Belarus for at least ten years (before the election). In conformity with the Constitution the President of the Republic of Belarus:-appoints regular and extraordinary elections to the House of Representatives, the Council of the Republic and local representative bodies;-forms, abolishes and reorganizes the Administration of the President of the Republic of Belarus, other bodies of state administration;--appoints the Prime Minister of the Republic of Belarus with the consent of the House of Representatives;-determines the structure of the Government of the Republic of Belarus;-with the consent of the Council of the Republic appoints the Chairman of the Constitutional Court, the Chairman of the Supreme Court, and the Chairman of the Supreme Economic Court from among the judges of these courts;- has the right to abolish acts of the Government and other. The Government – the Council of Ministers of the Republic of Belarus is the central body of state administration, the executive power in the Republic of Belarus. In its activity, the Government is accountable to the President and responsible to parlament. |
Judicial Power The judicial power in the Republic of Belarus belongs to courts. The court structure in Belarus is determined by the law. Justice in the Republic is exercised by courts on the basis of the Constitution and other standard laws adopted in conformity with it. Cases are tried in court collegially and in some cases, determined by law, individually be judges. Interference into the activity of judges engaged in judicature is prohibited and punishable by the law. The court judgments are obligatory for all citizens and official. If a person doesn’t agree with the sentence, he has the right to appeal to a higher court. Six judges of the Constitutional Court is appointed be the President with the consent of the Council of the Republic and six judges are elected by the Council of the Republic. The Chairman of the Constitutional Court is appointed by the President with the consent of the Council of the Republic. The term of office of the members of the Constitutional Court is 11 years. The Procurator’s office of the Republic of Belarus is an integrated and centralized system of bodies headed procurator-General. It exercises supervision over the exact and uniform execution of the laws, decrees, resolutions and other standard enactments by ministries and other bodies subordinated to the Council of Ministries, by local representative and executive bodies. Enterprises and other. The Procurator’s Office also monitors the abidance by the law of court judgments on civil. Criminal cases and cases of administrative offences. The state supervision over the execution of the national budget, the execution of the decrees of the President, Parliament, the Government and other state bodies. Is exercised by the State Supervisory Committee formed by the President. |
Legal Profession in Great Britain The legal profession is one of the most prestigious and well-paid in Britain. England is almost unique in having two different kinds of lawyers. There are two main branches, those of solicitors and barristers. Barristers. The senior branch of the legal profession in England, Wales and Northern Ireland is a barrister. There are over 9,000 barristers, who have the right to fight a case in the higher courts in England and Wales. Banisters have two main functions: first, to give specialized advice on legal matters and, secondly, to act as advocates in the higher courts. In order to become a barrister, one must have a university degree, plus additional professional examinations organized by the council of Legal education. Solicitors. There are nearly 71.000 solicitors, who practice mainly un private firms, but also in local and central government, in legal centers, and in industry. They are a more recent development than barristers, and now mainly organized by their professional body. In order to become a solicitor, it is now generally necessary to have a university degree, preferably but not essentially in law. After passing additional professional examinations organized by the Law Society, the student will serve a practical apprenticeship with an established solicitor for some two years. Judges. The judges constitute the judiciary, or the third arm of the constitutional system in the UK. There are a relatively small number of judges of various ages, and they are located in most large cities and in the higher courts in London. Above these, there are about 50 High Court judges who deal with more important or difficult cases around the country, and about 30 other judges, all of whom belong to one of the divisions of the High Court of Justice. The highest appointments are made by the Crown on the advice of the Prime Minister, and lower positions on the advice of the Lord Chancellor. The judiciary tends to be old in years because judgeships are normally awarded to senior practising lawyers, and there is no career structure that people may join early in life. |
The court system of England and Wales The most common type of law court in England and Wales is the magistrates’ court. There are 700 magistrates’ courts and about 30.000 magistrates. More serious criminal cases then go to the Crown Court, which has 90 branches in different towns and cities. Civil. Cases (for example, divorce or bankruptcy cases) are dealt with in Country courts. Appeals are heard by higher courts. For example, appeals from magistrates’ courts are heard in the Crown Court, unless they are appeals on points of law. The highest court of appeal in England and Wales is the House of Lords. (Scotland has its own High Court in Edinburgh, which hears all appeals from Scottish courts.) Certain cases may be referred to the European Court of Justice in Luxembourg. In addition, individuals have made the British Government change its practices in a number of areas as a result of petitions to the European Court of Human Rights. The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners’ courts (which investigate violent, sudden or unnatural deaths). There are administrative tribunals which make quick, cheap and fair decisions with much less formality. Tribunals deal with professional standards, disputes between individuals, and disputes between individuals and government departments (for example, over taxation). |
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President The president of the US must be a native born citizen at least 35 years. The president is elected every for years to a four-year term of office directly by the voters. The president can be from one party and the majority of those in the H. of R. or Senate from another. This is not uncommon although one of the parties may win a majority in the midterm elections. The President remains president even thought his party may not have a majority in either house. Such a result could easily hurt his ability to get legislation through Congress. The president can seldom court upon the automatic support of congress, even when his own party a majority in both: the Senate and the House. He must be able to convince Congressmen , the representatives and senators, of his point of view. He must bargain and compromise This is a major difference between American System and parliamentary system. As head of the Executive Branch, the president must carry out the government programes which are adopted by congress. He recommends programs and laws to congress and request money for federal government operations. The president assign federal judges, ambassodors and hundred of government officials and assign duties to the elected Vice president. If the president dies or resign permanently disabled, the Vice president assume his responsibilities until the next elections. Under the US Constitution a sitting president may be ritiers before his term express only by an impeachment process. |
The federal judiciary The third branch of government , in addition to the legislative(congress) and executive(president) branches, is the federal judiciary. Its main instrument is the supreme court, which watches over the other two branches. It determines whether or not their laws and acts are in accordance which the Constitution. Congress has the power to fix the number of judges sitting on the court, but it cannot change the powers given to the Supreme court by Constitutions itself. The Supreme Court consist of a chief justice and eight associate justices. They are nominated by the president but must be approved by the senate. Once approved, they hold office as supreme court justices for life. A decision of the SC cannot be appealed to any other court. Neither the president nor congress can change their decisions. In addition to the SC, congress has established 11 federal courts of appeal and, below them, 91 federal district courts. The SC has direct jurisdiction in only two kinds of cases: those involving foreign diplomats and those in which a state is a party. The SC also has the «power of judicial review», that is , it has the right to declare laws and actions of the federal, state, and local governments unconstitutional. While not stated in the Constitution, this power was established over time. |
Checks and Balances. The Constitution provides for three main branches of government which are separate and distinct from one another. The powers given to each are carefully balanced by the powers of the other two. Each branch serves as a check on the other . This is to keep any branch from gaining too much power or from misusing its power. Congress has the power to make laws, but the President may veto any act of congress. Congress, in its turn can override a veto by a two-thirds vote in each house. Congress can also refuse to provide funds requested by the president. The president can appoint important officials of his administration, but they must be approved by the Senate. The President also has the power to name all federal judges , they , too, must be approved by the Senate. The courts have the power to determine the constitutionality of all acts of congress and of presidential actions, and to strike down those they find unconstitutional. The system of checks and balanced makes compromise and consensus necessary. This system protects against extremens. |
The President and Federal Departments. The president of the US is elected every four years to a four-year term of office, with no more two full terms allowed. This means that the president can be from one party, and the majority of those in the H of R. or Senate from another. This is not uncommon. The president remains president , even though his party may not have a majority in either house. Such a result could easily hurt his ability to get legislation through Congress. The president can seldom count upon the automatic support of congress, even when his own party has a majority in both the Senate and the House. This is a major difference between the American system and those in which the nation’s leader represent the majority party or parties, that is parliamentary systems. Within the Executive Branch, there are a number of executive departments. Currently these are the departments of state, defence, justice, agriculture, commerce, transportation ans education. When they meet together, they are termed «the President’s Cabinet». Some presidents have relied quite a bit on their Cabinets for advice, and some very little. |
Kinds of Cases. Civil Cases are usually disputes between or among private citizens, corporations, government agencies, and other organizations. The party bringing the suit is called the Plaintiff, the party being sued is called the Defendant. There may be plaintiff or many defendants in the same cases. The plaintiff starts the lawsuit by filing a paper called a Complaint, in which the case against the defendant is stated. The next paper filed is usually the answer, in which the defendant disputes what the plaintiff has said in the complaint. The defendant may also feel that there has been a wrong committed by the plaintiff, in which case a Counterclaim will be field along with the answer. It is up to the plaintiff to prove the case against the defendant. This is called the plaintiff’s Burden of proof, a burden that the plaintiff must meet in order to win. In most civil cases the plaintiff’s burden is to prove the case by a Preponderance of evidence. Jury verdict do not need to be unanimous in civil cases. The plaintiff’s burden of proof is greater in a criminal case that in a civil case. The plaintiff must prove each of these elements Beyond Reasonable Doubt before the defendant can be found guilty. In criminal cases the verdict must be unanimous, that is, all jurors must agree that the defendant is guilty in order to overcome the presumption of innocence. |
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Congress. Congress the Legislation branch of the federal government is made up of the Senate and the H of R. There are 100 senators, two from each state. One third of the senators are elected every two years for six-year terms of office. The Senators represent all of the people in a state and their interests. A senator must be order then 30 years must have been American citizen for at least nine years. The House has 435 members. They are elected every two years for two-years terms. They represent the population of «congressional districts » into which each state is divided. A member must be older 25 years of age and must have been an American citizen for at least seven years. The number of representatives from each state is based upon its population. There is not Limit to the number of terms a Senator or a Representatives may serve. Almost all elections in the US follow the «winner-take-all» principle: the candidate who wins the largest number of votes in a Congressional district is the winner Congress makes all laws, and each house of Congress has the power to introduce Legislation. Each can also votes against legislation passed by the other. Because legislation only becomes law if both houses agree, compromise between them is necessary. Congress decides upon taxes and how money is pent. In addition it regulates commerce among the states and with foreign countries . It also sets rules for the naturalizations of foreign citizens. |
Constitution USA The C of the US formed in 1787. It is a relatively brief document of some 12 pages. The C of the US is the source of government aunthority and the foundemetal law of the land. The C convections which was to adopt a new constitution, officially open on May 25,1787 in Phiadelphia. The C set up a federal system with a strong central government. A federal system is one in which power is shared between a central aunthority and its constituent parts, with some rights reserves to each. The US became federated because, after the War of interpervidef , the 13 state then in existence were to weak individually to carry on work of government . Under the constitution power was father divided among the three branches of the national government: legislative (congress) executive (the president) and judicial (the Supreme court). Each was given its own aunthority . There 3 powers established a so-called system of the cheeks and balance. This system gives each branch the means to restrain the other to. The C provides the elections of a national leader, or president. In 1789 George Washington was elected the first President of the US. When the C was written 1787, there were only 13 states. Over the past 200 years 26 amedmeands have been adopted, but the basic document, the C itself, has not been changed. Only several years later, in 1791 , under the strong popular pressure, congress was forced to adopt the first 10 amedmends to the C dealing whith civil liberties. They were called collectively the «Bill of rights». From these amedmends the American received guarantess of such basic rights as Freedom of speech, the press and religion, the right of peaceful assembly, freedom from unreasonanble search, arrest and seizure. Under the C, no member of one branch of government may be a member of either of the two others. Thus, James Madison, the fourth American president, who formulated the basic provisions of the Constitutions. The State Constitutions have a similar structure with the C of the US. |