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RESOLUTION OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF BELARUS

of January 8, 2019 No. 5

About statements and messages on crimes, administrative offenses and information on incidents

(as amended on 08-10-2021)

Based on subitem 9.4 of Item 9 of the Regulations on the Ministry of Internal Affairs of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 4, 2007 No. 611, and the paragraph of the seventh of article 22 of the Law of the Republic of Belarus of July 17, 2007 "About law-enforcement bodies of the Republic of Belarus" the Ministry of Internal Affairs of the Republic of Belarus DECIDES: No. 263-Z

1. Approve the Instruction about procedure for acceptance, registration and accounting by law-enforcement bodies of statements and messages on crimes, administrative offenses and information on incidents it (is applied).

2. Declare invalid the resolution of the Ministry of Internal Affairs of the Republic of Belarus of March 10, 2010 No. 55 "About approval of the Instruction about procedure for acceptance, registration, consideration and accounting by law-enforcement bodies of statements and messages on crimes, administrative offenses and information on incidents".

3. This resolution becomes effective in month after its official publication.

Minister militia lieutenant general

I. A. Shunevich

It is approved

Prosecutor General's Office of the Republic of Belarus

 

 

Approved by the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of January 8, 2019 No. 5

The instruction about procedure for acceptance, registration and accounting by law-enforcement bodies of statements and messages on crimes, administrative offenses and information on incidents

Chapter 1. General provisions

1. This Instruction determines procedure for acceptance, registration and accounting by law-enforcement bodies (further - Department of Internal Affairs) statements and messages on crimes, administrative offenses and information on incidents.

2. For the purposes of this Instruction the following main terms and their determinations are applied:

the anonymous statement and the message on crime, administrative offense – the written application of physical person, the written message of the official of state body, public association and other organization, electronic addresses containing the data specifying signs of the crimes provided by the Special part of the Criminal code of the Republic of Belarus or disappearance of person (further – essential elements of offense) or on signs of the administrative offenses provided by the Special part Kodeksa of the Republic of Belarus about administrative offenses (further – signs of administrative offense) in which there is no signature physical or the official *, or are not entered surname, own name, middle name (if that is available) either initials of physical person, or the address of its residence (the place of stay), or the name of the legal entity (complete or reduced) or its location, or the e-mail address **, or the specified data are not true;

the statement and the message on crime – the written application of physical person, the protocol of the oral statement of physical person, the written application about guilty, the protocol on surrender, the written message of the official of state body, public association and other organization, the message in mass media which contain the data specifying essential elements of offense, and also the official report of the employee or person from among civil personnel (further, unless otherwise specified, – the employee) Department of Internal Affairs about direct detection of the data specifying essential elements of offense;

the statement and the message on administrative offense – the written application of physical person, the protocol of the oral statement of physical person, the written message of the official of state body, public association and other organization which contain the data specifying signs of administrative offense, the written order of the prosecutor about preparation of case on administrative offense for consideration on the acts attracting the administrative responsibility on demand and also the official report of the employee of Department of Internal Affairs about direct detection of the data specifying signs of administrative offense;

information on incidents – the oral information which arrived directly or with use of technical communication channels from physical person, the official of state body, public association and other organization or their representatives, the employee of Department of Internal Affairs on persons, the facts and events, and also the electronic addresses of specified persons which are subject to check for the purpose of establishment of availability or lack of essential elements of offense or administrative offense (data irrespective of method of their receipt in Department of Internal Affairs which source are only systems of the alarming alarm system, system of transfer of notices, control and management systems for access do not belong to information on incidents);

registration of statements and messages on crimes, administrative offenses and information on incidents – assignment of registration number to the statement, the message on crime, administrative offense and information on incident, and also fixing and record of the available data according to the list of names of details of electronic card on registration of a statement, messages on crime, administrative offense and information on incident according to appendix 1 in the automated Service Operational and on Duty system (further – the EXPERT of "ODS") and the single book of registration of statements and messages on crimes, administrative offenses and information on incidents on form according to appendix 2 (further – the single book);

registration and accounting discipline – observance by the staff of Department of Internal Affairs of procedure for acceptance, registration, consideration and accounting of statements and messages on crimes, administrative offenses and information on incidents, and also registration and the crime reporting and administrative offenses;

concealment of the statement and message on crime, administrative offense and information on incident – action (failure to act) of the employee of Department of Internal Affairs as a result of which the statement and the message on crime, administrative offense or information on incident are not accepted and (or) are not registered according to the procedure and the terms established by this Instruction;

concealment of crimes, administrative offenses – intentional misstatement of circumstances of the researched acts, or concealment of the data influencing their legal treatment, or other violations of the law owing to which the offense is not registered and is not considered according to the procedure and the terms established by the legislation;

accounting of statements and messages on crimes, administrative offenses and information on incidents – fixing and assorted record "ODS" and other information systems of the available data according to the list of names of details of electronic card on accounting of the statement, message on crime, administrative offense and information on incident according to appendix 3, about decisions according to statements and messages on crimes, administrative offenses and information on incidents.

______________________________

* For written applications and messages.

** For the statements and messages directed to the e-mail address or posted in special heading on the official sites by Department of Internal Affairs on the global computer Internet.

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