We are pleased to share with our readers a practical guide (in Russian) on drafting and filing constitutional complaints in accordance with the current legislation of the Republic of Belarus. References to the possibility of citizens filing constitutional complaints were first introduced in the Belarusian Constitution following the amendments in February 2022.
The guide is divided into two parts. The first part provides an overview of what a constitutional complaint is, the recent changes, new opportunities that have arisen, and how to analyze a case for potential violations of constitutional rights. It also covers the process of drafting a constitutional complaint.
The second part includes three materials, each offering arguments to substantiate the unconstitutionality of three criminal offenses under the Belarusian Criminal Code: Article 411 (Malicious disobedience to the requirements of the administration of places of detention), Article 361-4 (Assistance to extremist activity), and Article 342 (Organization and preparation of actions that grossly violate public order, or active participation in them).
This guide was compiled by a team of professional lawyers with extensive experience in the Belarusian legal system and international human rights institutions. We hope it serves as a practical tool for Belarusian lawyers interested in the rule of law and human rights.
The guide is divided into two parts. The first part provides an overview of what a constitutional complaint is, the recent changes, new opportunities that have arisen, and how to analyze a case for potential violations of constitutional rights. It also covers the process of drafting a constitutional complaint.
The second part includes three materials, each offering arguments to substantiate the unconstitutionality of three criminal offenses under the Belarusian Criminal Code: Article 411 (Malicious disobedience to the requirements of the administration of places of detention), Article 361-4 (Assistance to extremist activity), and Article 342 (Organization and preparation of actions that grossly violate public order, or active participation in them).
This guide was compiled by a team of professional lawyers with extensive experience in the Belarusian legal system and international human rights institutions. We hope it serves as a practical tool for Belarusian lawyers interested in the rule of law and human rights.
