Compulsory Juridical Expert Examination

Appropriated fundamental rules concerning the compulsory juridical expert examination are fixed in Article 49 of the Law of the Republic of Belarus On Legal Normative Acts of the Republic of Belarus.

In accordance with unit 1, Article 49 of the Law of the Republic of Belarus On Legal Normative Acts of the Republic of Belarus any draft legal normative act (hereinafter also referred as – draft act) shall be subject to a compulsory juridical expert examination.

Depending on the kind of legal normative act the compulsory juridical expert examination shall be carried out:

  • by the authorized department of the Administration of the President of the Republic of Belarus as regards the drafts legal normative acts to be submitted to the President of the Republic of Belarus;
  • by the National Centre of Legislation and Legal Research of the Republic of Belarus as regards the draft laws to be submitted to the House of Representatives of National Assembly of the Republic of Belarus, of amendments and (or) additions to draft laws submitted within the House of Representatives of National Assembly of the Republic of Belarus;
  • by the authorized department of the Secretariat of the House of Representatives of National Assembly of the Republic of Belarus as regards the draft laws received by the House of Representatives of National Assembly of the Republic of Belarus;
  • by the Ministry of Justice of the Republic of Belarus, by the authorized department of the State apparatus to the Council of Ministers of the Republic of Belarus as regards the draft regulations of the Council of Ministers of the Republic of Belarus;
  • by juridical services of ministries and other national bodies of public administration, of the National Bank of the Republic of Belarus, local executive and administrative organs, other State bodies as regards their draft legal normative acts; by juridical services of local executive and administrative organs as regards the draft legal normative acts of local councils of deputies.

The procedure of implementing the compulsory juridical expert examination of draft legal normative acts is determined in Chapter 13 of Rules for Preparation of Draft Legal Normative Acts.

Thereupon, the principal criteria in evaluating a draft act shall be as follows:

  • conformity with the Constitution of the Republic of Belarus, legal acts of the President of the Republic of Belarus, laws of the Republic of Belarus and legal acts of a higher legal force against the given draft act;
  • conformity with international treaties of the Republic of Belarus;
  • conformity with requirements of legislation unification being implemented in the framework of integration processes of the Republic of Belarus and the Russian Federation;
  • compatibility with the legislation of the Republic of Belarus;
  • observance of requirements concerning the rule-making technique.

While implementing the procedure of the compulsory juridical expert examination there shall be evaluated:

  • validity of form selection relating to the drat act;
  • plenitude, necessity and priority of the legal regulating respective social relations.

As principal criteria for conformity of a draft act with the Constitution of the Republic of Belarus shall appear:

  • mapping of constitutional principles;
  • coherence of the draft act content with the rules of the Constitution of the Republic of Belarus;
  • adoption (issue) of legal act by competent institutions (officials);
  • positioning of a given draft act in the system of legal normative acts which constitute the legislation of the Republic of Belarus and observance of requirements to its form;
  • observance of the procedure governing the preparing, adoption (issue) and entry of any normative act into legal force, the former being established by the Constitution of the Republic of Belarus;
  • correct (true) application of terms contained in the Constitution of the Republic of Belarus.

The draft act shall comply with enactments of the President, laws of the Republic of Belarus, with legal acts of a higher legal force against the aforesaid draft act provided that its norms agree with provisions of the President of the Republic of Belarus, laws of the Republic of Belarus, with acts of a higher legal force against the draft act and meet them as regards the content.

The draft act shall comply with international treaties of the Republic of Belarus if its norms provide for a timely, complete and comprehensive implementation of engagements resulting from international treaties of the Republic of Belarus and being relevant to the regulation matter of the draft act and provided that these norms are not contrary to international treaties of the Republic of Belarus.

The compatibility of the draft act with the legislation of the Republic of Belarus shall be determined by ascertainment how far the norms of the draft act correspond to legal act norms of the same or of a higher force thereto which regulate social relations both in the given branch and the relevant branches of the legislation of the Republic of Belarus and how far they provide for the absence of conflicts and doubling in the legal regulation.

As regards the compliance with objectives of the rule-making technique it is to note that according to the paragraph eighteen of the Article 1 of the Law of the Republic of Belarus On Legal Normative Acts of the Republic of Belarus the rule-making shall imply a system of rules for preparation of draft legal normative acts. Thus the compliance with the rule-making technique shall be evaluated on the basis of requirements made to the preparation of draft legal normative acts stipulated in the Section II of the Law of the Republic of Belarus On Legal Normative Acts of the Republic of Belarus and in Chapters 4-11 of Rules for Preparation of Draft Legal Normative Acts.

After summarizing the results of the compulsory juridical expert examination of the draft act there shall be drawn up un expert opinion which should contain conclusions based on the criteria of evaluation of the draft law.

In order to ensure the quality by implementing the compulsory juridical expert examination and a comprehensive and complete study of materials there has been drawn up a list of documents which are to be without fail annexed to the draft act liable to the compulsory juridical expert examination. These documents should contain:

  • a covering letter proving the necessity of adoption (issue) of the legal normative act including its financial and economic substantiation;
  • information on the concordance and signature of the draft act including observations and proposals which have not been taken in consideration during its concordance and/or signature.

When needed for the purpose of implementing the compulsory juridical expert examination any State authority (organization) may interpellate other materials relating to the draft act.