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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 3, 2006 No. 146

About procedure for expulsion of foreign citizens and stateless persons from the Republic of Belarus

(as amended on 31-08-2021)

Based on part four of article 65 of the Law of the Republic of Belarus of January 4, 2010 "About legal status of foreign citizens and stateless persons in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 105-Z

1. Approve Regulations on procedure for expulsion of foreign citizens and persons without citizenship from the Republic of Belarus it (is applied).

2. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of October 25, 1999 No. 1653 "About approval of the Regulations on procedure for deportation of foreign citizens and persons without citizenship in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 1999, No. 84, 5/1904);

subitem 1.4 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of September 1, 2004 No. 1056 "About modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus and recognition voided the separate orders of the Government of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 144, 5/14785).

3. This resolution becomes effective since February 5, 2006.

 

Prime Minister of the Republic of Belarus

S. Sidorsky

Approved by the Resolution of Council of Ministers of the Republic of Belarus on February 3, 2006 No. 146

Regulations on procedure for expulsion of foreign citizens and persons without citizenship from the Republic of Belarus

1. This Provision developed based on part four of article 65 of the Law of the Republic of Belarus "About legal status of foreign citizens and stateless persons in the Republic of Belarus" (further - the Law), other legal acts, determines procedure for expulsion of foreign citizens and stateless persons (further - foreigners) from the Republic of Belarus, and also the expense recovery connected with dispatch.

For the purposes of this provision legal entities or physical persons, including the individual entrepreneurs petitioning for entry of the foreigner into the Republic of Belarus, stay or residence in the Republic of Belarus are understood as legal entities or physical persons, the individual entrepreneurs accepting foreigners, who received the document for the invitation of the foreigner to the Republic of Belarus, drew up the petition based on which to the foreigner the visa of the Republic of Belarus is issued or are performed registration of the foreigner, prolongation of term of temporary stay or permission to temporary or permanent residence in the Republic of Belarus is issued (further, unless otherwise specified, – the petitioning person).

2. The foreigner can be sent from the Republic of Belarus on the bases established by the legislation.

3. The decision on expulsion of the foreigner is made by law-enforcement body or the state security agency (further – competent authority) on own initiative or according to the petition of the interested state bodies.

The petition shall contain the data specifying availability of the bases for expulsion of the foreigner, the recommended procedures for dispatch, term of prohibition of entry into the Republic of Belarus with application of documents, the bases for adoption of such decision confirming availability.

The decision on expulsion of the foreigner for the benefit of homeland security is made by the state security agency.

4. In case of establishment of the bases for decision making about expulsion of the foreigner the competent authority informs the foreigner on consideration of question of its dispatch by delivery or the direction in the place of his residence (stay) of the notification.

In the notification the following data are specified:

the bases according to which the question of dispatch is considered;

place and time of consideration of question of dispatch;

the foreigner's right to personal presence by consideration of the matter.

5. During consideration of question of dispatch the foreigner shall live in the place of temporary stay in which it is registered in the bodies performing registration of the foreigners who arrived to the Republic of Belarus and if it is in the Republic of Belarus without registration, – in the place of temporary stay permitted by competent authority.

The foreigners serving custodial sanction for certain term or arrest during consideration of question of dispatch contain in places of departure of punishment.

6. The foreigner who is present at consideration of question of its dispatch, having the right to offer explanations, to submit the data and documents specifying the circumstances important for the solution of question of dispatch which shall be taken into account competent authority by consideration of question of dispatch.

In case of absence of the foreigner the question of dispatch is considered without its participation.

7. The competent authority has the right to withdraw from the foreigner concerning whom the question of dispatch is considered and which has no permission to permanent residence in the Republic of Belarus temporarily the passport or other document replacing it, intended for trip abroad and issued by relevant organ of the state of civil accessory or the regular residence of the foreigner or the international organization (further – the document for trip abroad), for consideration of question of dispatch with provision of the reference signed by the head of competent authority or its deputy and the confirmed official stamp.

8. The competent authority by preparation for consideration of question of expulsion of the foreigner holds necessary events and requests documents for the purpose of establishment of the bases for decision making on dispatch, and also performs check of the bases for refusal in departure of the foreigner from the Republic of Belarus which can be obstacle for decision making about dispatch.

9. By results of consideration of question of dispatch the competent authority accepts one of the following decisions in the form of the resolution:

about dispatch by voluntary departure;

about dispatch forcibly.

If as a result of consideration of question of dispatch the bases specified in part two of article 68 of the Law are established, the competent authority makes the decision in the form of the resolution on the termination of consideration of question of dispatch.

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