Peculiarities of Implementation of the Compulsory Juridical Expert Examination by the National Centre of Legislation and Legal Research of the Republic of Belarus

The implementation of the compulsory juridical expert examination is one of the dominant direction of activity carried out by the Centre.

According to the Regulations on the National Centre of Legislation and Legal Research of the Republic of Belarus approved by the Edict of the President of the Republic of Belarus from 13 December 2007 No 630 On certain measures for improving the law-making activity and scientific researches in the field of law the Centre shall implements the compulsory juridical expert examination of draft laws submitted to the House of Representatives of National Assembly of the Republic of Belarus, amendments and/or additions introduced into the draft law within the House of Representatives of National Assembly of the Republic of Belarus.

The procedure of implementing the compulsory juridical expert examination shall also be regulated:

  • by the Law of the Republic of Belarus from 10 January 2000 On Legal Normative Acts of the Republic of Belarus;
  • by the Regulation on the Interaction between the Council of Minister of the Republic of Belarus and the National Centre of Legislation and Legal Research of the Republic of Belarus in the process of preparing of draft legal acts adopted by the Edict of the President of the Republic of Belarus of 13 July 1999 No 389;
  • by the Edict of the President of the Republic of Belarus from 11 August 2003 No 359 On Measures for Improving the Law-making Activity.

In accordance with the legislation the Centre shall carry out the compulsory juridical expert examination:

  • of the draft laws submitted to the House of Representatives of National Assembly of the Republic of Belarus;
  • of the amendments and/or additions introduced into draft act within the House of Representatives of National Assembly of the Republic of Belarus.

Compulsory juridical expert examination of draft laws submitted to the House of Representatives of National Assembly of the Republic of Belarus

The compulsory juridical expert examination of draft laws submitted to the House of Representatives of National Assembly of the Republic of Belarus provide for a complete coverage of the totality of draft laws. As a favorable factor in this connection appears the fact that under Article 50 of the Law of the Republic of Belarus On Legal Normative Acts of the Republic of Belarus the Centre expert opinion to draft law shall be considered as one of compulsory documents enclosed to any draft law submitted to the House of Representatives of National Assembly of the Republic of Belarus.

In conformity with paragraph 127 of Rules for Preparation of Draft Legal Normative Acts there have been established terms of submission of the draft laws included in the regular annual plan of preparation of draft laws which are subject to compulsory juridical expert examination. So as regards the drawing up of expert opinion the draft laws shall be submitted to the Centre by respective legal subject of legislative initiative within a week since their completion according to the above plan; the draft laws the drawing up of which is in competence of the Centre within a month before the date of their submission to the House of Representatives of National Assembly of the Republic of Belarus.

The term for preparation of expert opinion relating to draft laws submitted to the House of Representatives of National Assembly of the Republic of Belarus shall equal a month unless otherwise stipulated by the legislation. Other terms shall be established according to the Regulation on the co-operation between the Council of Minister of the Republic of Belarus and the National Centre of Legislation and Legal Research of the Republic of Belarus concerning the preparation of draft legal normative acts. Is a draft law submitted to the compulsory juridical expert examination by the Council of Minister of the Republic of Belarus so the term for above preparation of Centre expert opinion shall equal a two weeks term and for a draft code a month term. Besides, the Council of Minister of the Republic of Belarus may establish other terms.

Compulsory juridical expert examination of amendments and/or additions introduced in the draft law within the House of Representatives of National Assembly of the Republic of Belarus

According to the Article 49 and the Article 56 of the Law of the Republic of Belarus On Legal Normative Acts of the Republic of Belarus any amendments and/or additions introduced into a draft law within the House of Representatives of National Assembly of the Republic of Belarus shall be subject to a compulsory juridical expert examination carried out by the Centre. It is to note that the matter concerns not the whole draft law but only amendments and/or additions introduced into the draft law within the House of Representatives of National Assembly of the Republic of Belarus. The amendments and/or additions of a technical nature shall not be subject to the compulsory juridical expert examination. The Centre shall prepare such expert opinions within 14 days.