of May 14, 2021 No. 103-Z
About non-admission of rehabilitation of Nazism
Accepted by the House of Representatives on April 16, 2021
Approved by Council of the Republic on April 21, 2021
This Law according to the Constitution of the Republic of Belarus, the conventional principles and rules of international law, including provisions of Articles of organization of the United Nations, the International Covenant on Civil and Political Rights of December 16, 1966, the Convention on the prevention of crime of genocide and punishment for it of December 9, 1948, the Convention on inapplicability of prescriptive limit to war crimes and crimes against humanity of November 26, 1968, the International convention about liquidation of all forms of racial discrimination of December 21, 1965, establishes legal and organizational basis of activities for non-admission of rehabilitation of Nazism.
For the purposes of this Law the following main terms and their determinations are applied:
Nazism - totalitarian ideology (doctrine) and the practice of its application by Hitlerite Germany, her allies and satellites from 1933 to 1945 connected with totalitarian terrorist methods of the power, official gradation of all nations on the full value degrees, promotion of superiority of one nations over others which were followed by crimes against the world and safety of mankind, the war and other crimes established by sentence of the International military tribunal for court and punishment of the chief war criminals of the European countries of axis (further - the International military tribunal);
Nazi symbolics and attributes - flags, anthems and other pieces of music, attributes of uniform, swastika, emblem, the symbols, pennants, badges and other distinctive marks or their copies used by the National and socialist Labour Party of Germany, the National Fascist party of Italy, other government, military and other institutions or the organizations cooperating with such structures in the occupied territory of the USSR in the years of World War II if these structures and the organizations are recognized as the criminal or guilty sentences of the International military tribunal or sentences of national, military or occupational tribunals of making of crimes based on sentence of the International military tribunal and also other organizations cooperating with such structures and the organizations, and equally in the image of persons found by these tribunals guilty;
Nazi criminals are the organizers, instigators, heads or contractors of war crimes and crimes against the world and humanity who were subject to jurisdiction of the International military tribunal;
helpers of Nazi criminals are contractors of orders of the Nazi regime, military command of Wehrmacht, the military personnel of CC, auxiliary polices and their allies from among the population of occupied territories who arrived voluntarily or at the call of on service in the specified divisions, and also the other persons intentionally assisting execution of criminal orders of Nazi criminals in any form;
rehabilitation of Nazism - the actions made publicly or with use of publicly shown work, either mass media, or the global computer Internet, or other information network, expressed in:
justification of ideology (doctrine) and practice of Nazism, recognition their correct, needing support and worthy imitations, and also in distribution of ideology of Nazism;
approval or denial of crimes against the world and safety of mankind, war and other crimes established by the sentence of the International military tribunal or sentences of national, military or occupational tribunals based on sentence of the International military tribunal;
justification of persons and (or) structures or organizations recognized as the criminal or guilty sentences of the International military tribunal or sentences of national, military or occupational tribunals of making of crimes based on sentence of the International military tribunal, and the political and military organizations, and also persons participating in activities of such political and military organizations and performing which were equally cooperating with such persons and (or) structures or the organizations in the occupied territory of the USSR in the years of World War II or intentionally the criminal orders of persons and (or) structures or the organizations specified in this paragraph, in any form promoting execution;
glorification of Nazi criminals and their helpers - their deliberate glorification, and also the crimes committed by them.
The terms "extremism (extremist activities)" and "extremist forming" applied in this Law have the values determined by the Law of the Republic of Belarus of January 4, 2007 No. 203-Z "About counteraction to extremism".
The legal basis of activities for non-admission of rehabilitation of Nazism is constituted by the Constitution of the Republic of Belarus, this Law, other acts of the legislation, and also the international agreements of the Republic of Belarus.
If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.
Operation of the legislation on counteraction to extremism extends to the relations connected with counteraction of rehabilitation of Nazism, not settled by this Law.
Non-admission of rehabilitation of Nazism is based on the principles:
preserving historical memory and non-admission of falsification of history, including misstatement of historic facts;
recognitions, observance and protection of the rights, freedoms and legitimate interests of citizens, and also rights and legitimate interests of the organizations;
combinations of public and secret methods of non-admission of rehabilitation of Nazism;
priority of ensuring national security of the Republic of Belarus;
cooperation of the state with the organizations and citizens;
priority of offenses of measures of prevention of the offenses, stipulated by the legislation in the field of prevention, directed to identification and elimination of the reasons and conditions promoting rehabilitation of Nazism (further - preventive measures);
inevitability of punishment for rehabilitation of Nazism.
Non-admission of rehabilitation of Nazism is performed by means of:
civil and patriotic education of children and youth, forming at citizens of spiritual and moral values, civic consciousness and patriotism;
implementation of preventive measures;
preventions, identification and suppression of rehabilitation of Nazism.
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