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Pozycja ustrojowa Rady Ministrów w systemie politycznym Białorusi

Author: Jacek Sobczak
Year of publication: 2011
Source: Show
Pages: 201-231
DOI Address: http://dx.doi.org/10.15804/npw2011112
PDF: npw/01/npw2011112.pdf

In the period from 1917 to December 1920 various organs of executive power associated with various political centres formed in Belarus. Also, in that period it was not known how to define the executive competencies and define the boundaries between its activities and the legislature’s privileges. In the period of the Soviet rule the Council of People’s Commissars of the BSSR (The Byelorussian Soviet Socialist Republic) was the executive body. It was only in 1977, after adoption of the new Constitution by USSR and after adoption of the basic Law by Belarus on 14 April 1978, that the appointed by the Highest Council Ministry of the BSSR became the highest body of the executive power. From 27th July 1990 The Declaration of the Highest Council of the BSSR brought changes and the Constitution amendments, in fact not too big. Prime Minister’s position was considerably weaker than in the days of the USSR. It presented a proposal for the composition of the government but decisions in this regard were taken by the Highest Council which voted on individual candidates. The Prime Minister was temporarily deprived the right to issue regulations with the force of law, which he had earlier. With time he obtained the right to issue decrees. The adoption of Constitution of the Republic of Belarus on 15th March 1994 had changed significantly the position of the government as the executive authority. The government was strongly associated with the president, to the extent that the provisions concerning the principles of his operation were given in the chapter devoted to the president. Naming was also changed. The Constitution gave up the term Council of Ministers, and replaced it with the Cabinet of Ministers, which was to carry out the tasks of the executive power, of which the President was an emanation. As a result of the introduction of subsequent amendments to the text of the 1994 Constitution, the name of the Council of Ministers was brought back, stating that the executive power in the Republic of Belarus was exercised by the government – the Council of Ministers of the Republic of Belarus – as the central body of the state administration – subordinate to the President and answering to the Parliament. Under the current text of Constitution (Art. 107), the government directs the system of subordinate bodies of state administration and other bodies of executive power, develops the basic directions of domestic and foreign policy and takes measures to ensure their implementation, draws up and submits to the President in order to submit a draft budget and report on its implementation to the Parliament. Furthermore, it safeguards the implementation of a uniform economic, financial, credit and monetary policies in the sphere of national culture, education, health, environmental protection, social security and wages. It also specifies ways to safeguard the rights and freedom, protection of state interests, national security and defence capability, protection of property and public order and crime prevention. The government also appears as the owner of the property owned by the Republic, it organizes the management of the state property, secures the execution of the Constitution, laws, regulations, decrees and President’s Regulations. It has the right to repeal acts of ministries and other republican bodies of the state administration. Finally, it performs all other obligations imposed by the Constitution, laws and Presidents Acts. The Constitution does not mention anything about the Presidency of the Council of Ministers. However, such authority was anticipated in the Council of Ministers Act. In the political system of Belarus the government is seen as a body with an exceptionally weak political position, practically completely dependent on the out come of the election, which for years legitimize the authority of A. Lukashenko who in practice decides not only about the personnel matters but also has a profound impact on the executive substantive decisions.

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