Как соотносится Бюджетный кодекс Республики Беларусь с иными актами бюджетного законодательства?
Now I have the full text of Article 3 of the Budget Code of the Republic of Belarus, which in the current version regulates:
- The system of budget legislation (paragraph 1)
- Prohibition of including budget provisions in other acts (paragraph 2)
- Features established by the President (paragraph 2¹)
- Relation to the Constitution (paragraph 3)
- Priority of presidential decrees (paragraph 4)
- Priority of budget legislation acts over acts of other branches of law (paragraph 5)
- International treaties (paragraph 6)
Also I have Article 148 (bringing acts into conformity), and the Budget Code's place in the system. I should also mention Article 1-2 perhaps — but the question is specifically about how the Budget Code relates to other acts of budget legislation.
Note: The question is a classic exam/theory question. In the previous (original 2008) edition, Article 4 was titled "Соотношение Бюджетного кодекса Республики Беларусь с иными актами бюджетного законодательства". In the current edition, these norms have moved into Article 3. I should present the answer based on current legislation, noting the hierarchy:
- The Constitution of the Republic of Belarus is the foundation (para. 1, 3 of Art. 3)
- The Budget Code is the core act of budget legislation (para. 1.1 of Art. 3), with which all other acts must comply
- Laws regulating budget relations issues are adopted in accordance with it (para. 1.1)
- Decrees, edicts, and directives of the President (para. 1.2); decrees have priority over previously adopted laws (para. 4)
- Resolutions of the Government and joint resolutions with the National Bank — on the basis of and in execution of the Code, laws, and acts of the President (para. 1.3)
- NPAs of the Ministry of Finance, the National Bank, and other republican government bodies (para. 1.4) — in cases and within the limits provided for by the Code and higher acts
- NPAs of local government and self-government bodies (para. 1.5) — similarly
- Prohibition of including budget provisions in other acts of legislation (para. 2), except when established by the Code or the President
- Features of regulation by decision of the President (para. 2¹)
- Priority of acts of budget legislation over acts of other branches of law with a "budget block" (para. 5)
- International treaties (para. 6)
- Also: Art. 11 para. 2 — acts of legislation not directly related to the budget classification must not contain provisions changing it
- Art. 148 — bringing acts of legislation into conformity with the Code
Also worth mentioning Article 2 of the Budget Code perhaps ("Budget Code of the Republic of Belarus and relations it regulates") — relations regulated by budget legislation. Hmm, actually Article 1-2. Let me not overload the answer, but a full, beautiful legal answer should be well-structured.
The user asks: "Как соотносится Бюджетный кодекс Республики Беларусь с иными актами бюджетного законодательства?" — "How does the Budget Code of the Republic of Belarus correlate with other acts of budget legislation?" They want a full, beautiful legal answer, valid as of the current date, in Russian.
I should note that in the current edition (the Code as amended), the corresponding norms are contained in Article 3 (previously — Article 4 in the original wording, which was titled "Соотношение Бюджетного кодекса..."). Actually, I should be careful about asserting the historical numbering too confidently. The original 2008 edition of the Budget Code: Article 1 "Budget Code of the Republic of Belarus and relations regulated by it"… Actually in the original edition, Article 2 was "Budget legislation", Article 3 "Ratio of the Budget Code of the Republic of Belarus with other acts of budget legislation"? Hmm. Let me check: The original 2008 edition:
- Article 1. Budget Code of the Republic of Belarus and relations regulated by it
- Article 2. Budget legislation
- Article 3. Ratio of the Budget Code of the Republic of Belarus with other acts of budget legislation
- Article 4. Operation of the law on the republican budget...
Wait, in the current text from the file, Article 3 is "Budget legislation" and includes the ratio norms in paras. 5-6. The original Article 3 "Ratio of the Budget Code..." stated: "1. The Budget Code of the Republic of Belarus has priority over other acts of budget legislation. 2. In the event of a discrepancy between an act of budget legislation with the Budget Code of the Republic of Belarus, the norms of the Budget Code of the Republic of Belarus shall apply. ..." Something like that. The Law of 30.12.2014? or July 16, 2010 No. 176-Z? There were amendments. The 2014 amendments (Law of 31.12.2014?) — hmm, actually the Law of the Republic of Belarus of 30.12.2014 No. 224-Z? I'm not sure of exact details. Better not to assert specific historical numbering without verification. I can mention briefly that in the current edition these norms are consolidated in Article 3 of the Code.
Actually — the question might come from a textbook that uses the old wording (Article 4 in the original? or Article 3?). I should just answer based on current law: Article 3 of the Budget Code. I can note that the Code is the basic (core) act of budget legislation.
Key legal points for "ratio" (correlation):
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Foundation — the Constitution: budget legislation is based on the Constitution; in the event of contradiction, the Constitution prevails (paras. 1, 3 of Art. 3).
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The Budget Code is the core, basic act: budget legislation includes the Code and laws adopted in accordance with it (para. 1.1 of Art. 3). All other acts of budget legislation are adopted on its basis (paras. 1.3–1.5: "on the basis of and in execution of", "in cases and within the limits provided for by the Code").
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Exception for acts of the President: decrees, edicts, and directives of the President regulating budget relations are included in budget legislation (para. 1.2), while decrees have priority over previously adopted laws (para. 4 of Art. 3) — this is a feature of the Belarusian legal system (temporary decrees have force of law). Also, features of regulating budget relations may be established by the President (para. 2¹).
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Prohibition of "scattering" of budget norms: inclusion of provisions regulating
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