RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of April 23, 2021 No. 241

About procedure for use of the data containing in materials of operational search activities

In pursuance of part four of article 49 of the Law of the Republic of Belarus of July 15, 2015 "About operational search activities" and based on Item 1 of part 2 of Article 125 of the Code of penal procedure of the Republic of Belarus, item 4 of part 11 of Article 47 and Item 8 of part 1 of Article 48-1 of the Penitentiary code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES: No. 307-Z

1. Approve Regulations on procedure for use of the data containing in materials of operational search activities it (is applied).

2. "About determination of the list of electronic control facilities" to state preamble of the resolution of Council of Ministers of the Republic of Belarus of April 13, 2015 to No. 298 in the following edition:

"Based on Item 1 of part 2 of Article 125 of the Code of penal procedure of the Republic of Belarus, item 4 of part 11 of Article 47 and Item 8 of part 1 of Article 48-1 of the Penitentiary code of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES:".

3. This resolution becomes effective in ten days after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of April 23, 2021 No. 241

Regulations on procedure for use of the data containing in materials of operational search activities

1. This Provision determines procedure for use of the data containing in materials of operational search activities (further - HORDES), for identification of the reasons of the offenses and conditions promoting their making, taking measures to their elimination and non-admission of delinquent behavior of citizens of the Republic of Belarus, foreign citizens, stateless persons (further - prevention of offenses).

2. For the purposes of this provision the data containing in materials HORDES are understood as the information obtained during conducting investigation and search operations containing data on the events and actions creating threat of homeland security of the Republic of Belarus, prepared, made or the committed offenses which entailed or capable to entail damnification to the interests of citizens of the Republic of Belarus protected by the legislation, foreign citizens, stateless persons (further - citizens), the organizations, society and the state, and requiring reaction taking measures.

3. The data containing in materials HORDES can be used by the bodies performing HORDES, for the purpose of prevention of offenses after provision of the specified materials according to the procedure, determined by the legislation, in criminal prosecution authority for preparation and carrying out investigative and other legal proceedings, proof in criminal procedure, and also in other cases according to the procedure, established by this Provision.

4. The decision on the direction of the data containing in materials HORDES for the purpose of prevention of offenses is accepted by the official of the body performing HORDES.

The list of the officials authorized on decision making about the direction of the data containing in materials HORDES for the purpose of prevention of offenses is determined by the Ministry of Internal Affairs, Committee for State Security, the State boundary committee, the Presidential Security Service of the Republic of Belarus, Operational analytical center in case of the President of the Republic of Belarus, the State Control Committee, the State Customs Committee, the Ministry of Defence.

5. In case of decision making about the direction of the data containing in materials HORDES for the purpose of prevention of offenses the official of the body performing HORDES:

issues the decree on the direction of the data containing in materials of operational search activities in form according to appendix. The resolution is located to operational accounting, either nomenclature case, or another matter;

performs preparation of the information letter with reflection in it of the data containing in materials HORDES (further - the information letter), and its direction.

6. According to competence the information letter is sent:

to the subjects of prevention of offenses established in article 5 of the Law of the Republic of Belarus of January 4, 2014 No. 122-Z "About bases of activities for prevention of offenses";

to the state bodies performing counteraction to extremism, determined in part two of article 6 of the Law of the Republic of Belarus of January 4, 2007 No. 203-Z "About counteraction to extremism";

to heads of other state bodies and organizations, subjects of managing (their deputies);

to other bodies performing HORDES.

The information letters having security classification go only to heads of the state bodies and organizations (their deputies) given authority on reference of data to the state secrets, and also heads city (the cities of regional subordination), district executive committees, administrations of areas in the cities.

7. In information letters it is forbidden to specify procedure for conducting investigation and search operations, tactics and technique of their implementation, the reference to materials HORDES, other data which contents can lead to disclosure of the state secrets.

8. The data specified in the information letters which arrived to subjects of prevention of offenses in the state bodies performing counteraction to extremism can be used by them for the purpose of prevention of offenses after check in the procedure established by the legislation.

9. The data containing in information letters, to the arrived heads of state bodies and organizations, subjects of managing (their deputies) are not the basis for restriction of the rights, freedoms and legitimate interests of citizens and (or) legal entities, and also for involvement of citizens and (or) legal entities to the responsibility established by the legislation, except as specified when the data containing in information letters are confirmed as a result of holding control (supervising) and other actions according to the procedure, established by acts of the legislation.

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