Cechy szczególne tworzenia prawa na Białorusi: „prawo ukazowe”
Lawmaking in Belarus: “presidential” law

Summary/Abstract: This article addresses the problem of lawmaking in Belarus. Belarus’ legal system has become completely dominated by acts of the president: decrees, ukases and directives. This phenomenon is known as “presidential” law or “decree power” (in Russian-language literature) or, in wider sense, as “executive decree authority” (in English-language literature). In the article, the author presents her view of “presidential” law as being a result of institutionalization of the presidency by means of usurping legislative power. “Presidential” law has critical importance in maintaining a large patronage system and ensuring the president’s ability to shape political and policy processes in Belarus. Presidential acts have the full force and effect of law. The high number of presidential decrees and their preferential use in law enforcement practice ensure their dominance in Belarusian law. The legal system of Belarus is formed in such manner that it is possible to easily and legally change it with the help of presidential acts or by acts of subordinate legislation. Law in Belarus has become an important instrument in preserving the political power of President Alexander Lukashenko. The power of Belarus’ “presidential” law is supported by the absence of an effective control system. The parliament as a supreme legislative body was deprived of influence in the lawmaking process and it functions only as an advisory body. The National Center of Legislative Activity, responsible for the preparation of bills, is completely subordinate to the president, as are the Constitutional Court and the entire judicial system of Belarus.

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