Read the following text. Following the title of the text brainstorm words you expect to find in it. Write the vocabulary list of possible words that you could find in that text.

Make sure you understand the meaning of the following words and word-combinations:

judicial power

the judicial pyramid

the highest appellate court of the country

the consent of the upper house of the National Assembly

to appoint

to be approved by the Council of the Republic

to be nominated

foreign dignitaries

to deal with major criminal cases

to be appointed for life

the term of office

to start litigation

to decide both criminal and civil cases

to deal with administrative matters

development and protection of constitutional values

achievement of significant constitutional goals

The Judicial Power of the Republic of Belarus

Judicial power in the Republic of Belarus is vested in courts. The judicial system is based on the principles of territorial delineation and specialization.

Under the Constitution of the Republic of Belarus judicial power in the country belongs to the court system.

The court system of Belarus is represented by:

• the Supreme Court of the Republic of Belarus,
• regional courts,
• Minsk city court,
• town courts,
• economic courts for Minsk and for oblasts,
• Constitutional Court of Belarus.

On the top of the judicial pyramid is the Supreme Court of the Republic of Belarus. It is the highest appellate court of the country. It is headed by the Chairman of the Supreme Court of the Republic of Belarus who is appointed by the President on the consent of the upper house of the National Assembly - the Council of the Republic. The Supreme Court judges are nominated by the President on the advice of the Chairman and must be approved by the Council of the Republic. Once approved, all members of the Court hold office for life. The Supreme Court includes separate divisions for civil, criminal and military cases. It has original jurisdiction in cases involving foreign dignitaries and those in which the state is a party. It also may decide most serious criminal cases and hear appeals from lower courts.

The middle tier of the republican judicial system is made up of six regional courts and the Minsk Town Court. The composition of those courts is similar to that of the Supreme Court. All judges of the regional courts including their chairmen are nominated by the President on the recommendation of the Chairman of the Supreme Court and the Minister of Justice for life. These courts deal with major criminal, civil and military cases and hear appeals from inferior courts. The decisions of the regional courts may be appealed only to the Supreme Court.

At the bottom of the judicial pyramid are district and town courts spread all over the country. Most litigation starts in these courts. A district or town court usually consists of a chairman and a number of judges, depending on the size and the population of the district. In a trial one judge and two public representatives take part. All judges of these inferior courts are appointed by the President on the recommendation of the Chairman of the Supreme Court and the Ministry of Justice. The first term of office of an inferior court judge is five years; all other judges are appointed for life. District and town courts decide both criminal and civil cases and deal with administrative matters involving disputes between individuals and individuals and government departments. The decisions of district and town courts may be appealed to the corresponding regional courts and further up to the Supreme Court of the Republic of Belarus.

The main purpose of the Belarus Constitutional Court is to ensure that new legislation and statutes are drawn up in accordance with the Constitution.

The Constitutional Court is made up of 12 high-level legal experts. They must be:

• under 70 years old,
• qualified to degree level.

Six of the judges are appointed by the President of Belarus and the other six are elected by the Council of the Republic.

The Presiding Judge of the Court is directly appointed by the President of Belarus with approval of the Council of the Republic.

The term of office for a Constitutional Court judge is 11 years.

The Constitution of the Republic of Belarus, the Code of the Republic of Belarus on Judicial System and Status of Judges, the Law of the Republic of Belarus «On the Constitutional Proceedings», Rules of the Constitutional Court of the Republic of Belarus are the legal basis for the organisation and activities of the Constitutional Court.

The President of the Republic of Belarus, the Houses of Parliament ‒ the National Assembly (the House of Representatives and the Council of the Republic), the Supreme Court, the Government ‒ the Council of Ministers are entitled to address the Constitutional Court.

Other state bodies, other organisations as well as individuals, including individual entrepreneurs, shall address officials and bodies entitled to make proposals to the Constitutional Court with the initiative of making proposals that shall be considered within the jurisdiction of the Constitutional Court.

The Constitutional Court through its decisions and legal positions by proceeding from the rule of law and revealing constitutional legal meaning of provisions of laws and other normative legal acts contributes to elaboration of legal mechanisms for development and protection of constitutional values and achievement of significant constitutional goals, directs the legislator and law-enforcement bodies to the strict observance of constitutional provisions and their effective implementation.

Questions to discuss:

1. What are the tiers of the court system of Belarus?
2. What is the highest appellate court of the country?
3. Who appoints the Chairman of the Supreme Court of the Republic of Belarus? Who nominates the Supreme Court judges?
4. Who approves the nominated Supreme Court judges?
5. What are the separate divisions of the Supreme Court?
6. The middle tier of the republican judicial system is made up of seven regional courts and the Minsk Town Court, isn’t it?
7. What courts are at the bottom of the judicial pyramid of the country?
8. What cases do district and town courts decide?
9. What matters do district and town courts with?
10. Where may the decisions of district and town courts be appealed?
11. What is the main purpose of the Belarus Constitutional Court?
12. How many legal experts is the Constitutional Court made up of?
13. Who appoints the judges of the Constitutional Court?