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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 20, 2006 No. 909

About functioning of single state system of registration and accounting of offenses

(as amended on 13-09-2021)

Based on part three of article 3 of the Law of the Republic of Belarus of January 9, 2006 "About single state system of registration and accounting of offenses" the Council of Ministers of the Republic of Belarus DECIDES: No. 94-Z 

1. Approve Regulations on procedure for functioning of single state system of registration and accounting of offenses it (is applied).

2. Determine that for provision of data on the offenses which are stored in single national bank of data on offenses on one case (person) to the organizations, lawyers and notaries till ten days from the date of receipt of request and to physical persons till fifteen days from the date of filing of application the payment in the amount of five tenth basic size, and to the organizations, lawyers, notaries and physical persons till three working days is levied * (without terms on delivery of such data) - in the amount of one basic size.

______________________________

* Except as specified, provided by legal acts.

3. To the Ministry of Internal Affairs to develop and approve forms of registration cards of single state system of registration and accounting of offenses and the rule of their filling.

4. To state bodies within the competence to take measures for the organization since January 1, 2007 registration of offenses and transfer of data on offenses in law-enforcement bodies.

5. This resolution becomes effective since January 1, 2007, except for Items 3 and 4 of this resolution which become effective from the date of its acceptance.

Prime Minister of the Republic of Belarus

S. Sidorsky

Approved by the Resolution of Council of Ministers of the Republic of Belarus of July 20, 2006 No. 909

Regulations on procedure for functioning of single state system of registration and accounting of offenses

Section I. General provisions

Chapter 1. Basic provisions

1. This Provision determines order of registration of offenses, fixings and transfers of information about them in law-enforcement bodies, accounting in single national bank of data on offenses, provisions, storages and removals of data on offenses.

2. In this Provision terms in the values determined by the Law of the Republic of Belarus of January 9, 2006 No. 94-Z "About single state system of registration and accounting of offenses" (further - the Law on single state system of registration and accounting of offenses), and also the following terms and their determinations are used:

databank of registration information on offenses - the information system which is under authority of criminal prosecution authorities, the bodies conducting administrative process and courts, the including set of data on the offenses registered by them;

filling of registration card - fixing in registration card of data on offense;

information divisions of law-enforcement bodies - information centers of the Ministry of Internal Affairs, the Departments of Internal Affairs of regional executive committees and Main Department of Internal Affairs of the Minsk Gorispolkom, department (group) of information support of managements, Departments of Internal Affairs of mountains - district executive committees (local administrations), Departments of Internal Affairs on transport;

objects of air transport - aircrafts, communications, the airports, airfields (helidromes), technical means and other objects necessary for implementation of activities in the field of aircraft;

objects of rail transport - infrastructure facilities of rail transport public and vehicles of rail transport in the value determined by the Law of the Republic of Belarus of January 6, 1999 No. 237-Z "About rail transport";

operational and help card-index - the alphabetical catalog containing registration cards in writing concerning persons which were exposed to criminal prosecution till March 1, 2021;

the bodies and organizations performing punishment and other measures of criminal liability - criminal and executive inspections, inspectorates for cases of minor law-enforcement bodies, bodies and organizations of criminal executive system, pre-trial detention centers, guardrooms, and also military units and the organizations of Armed Forces, other troops and military forming of the Republic of Belarus as a part of which there passes military service the military personnel condemned to punishment in the form of restriction on military service;

registration card - the card in written and (or) electronic forms with the established set of details intended for fixing of data on offense;

registering body - state body or other organization (their territorial structural subdivisions or bodies) which officials are authorized to constitute protocols on administrative offenses or to consider cases on administrative offenses;

the notification on execution - the message in written and (or) electronic forms intended for fixing of data on results of execution of administrative punishment;

accounting division - division of managements, Departments of Internal Affairs of mountains - district executive committees (local administrations), Departments of Internal Affairs on transport to which employees obligations on accounting of offenses are assigned;

fixing of data on offenses - entering of data on offenses into magazines of registration of offenses, registration cards and (or) databanks of registration information on offenses.

3. Registration of administrative offenses is performed by registering bodies and courts.

4. Registration of crimes is performed by criminal prosecution authorities and courts.

5. Accounting of offenses is performed by accounting divisions.

6. Terms of registration and accounting of offenses, provisions of data on offenses begin to be estimated from zero hours of the days following after days of approach of the bases provided by this Provision and expire at twenty four o'clock the last day of fixed term. If the last day of term falls on non-working day, the first working day following it is considered last afternoon of the termination of term.

7. Transfer of data on the offenses fixed in registration cards and (or) placed in databanks of registration information on offenses, notifications on execution between the criminal prosecution authorities, bodies conducting administrative process and courts, is electronically performed based on agreements and (or) regulations of information exchange between owners of information resources (systems) intended for registration and transfer of data on offenses.

8. Transfer of data on offenses electronically for accounting in single national bank of data on offenses is performed in the format determined by the Ministry of Internal Affairs.

In case of change of format of transfer of data the Ministry of Internal Affairs not later than three months before its application informs on it the interested state bodies.

9. In the cases provided in parts six and the seventh article 10 of the Law on single state system of registration and accounting of offenses, transfer of data on offenses is electronically performed by means of the nation-wide automated information system.

Section II. Procedure for assignment of registration number to offense

Chapter 2. Procedure for assignment of registration number to administrative offense

10. Registration number is assigned to administrative offense by registering body no later than three days after creation of the protocol on administrative offense or pronouncement of the resolution according to Article 10. 2, part 1 of Article 10. 3, part 1 of Article 10. 4, part 1 of Article 10. 5, and also part 1 of Article 11.25 (in case of release of person who made administrative offense from the administrative responsibility with pronouncement of the prevention) the Procedural and executive code of the Republic of Belarus about administrative offenses (further - the Procedural and executive code), except for the case provided in Item 11 of this provision.

11. If case on administrative offense is subject to transfer for consideration to other body conducting administrative process, or court registration number is assigned to administrative offense by registering body no later than the term established regarding 1 article 11.28 of the Procedural and executive code.

12. Registration number is assigned to administrative offense with use of the Arab figures with increase within calendar year and fixed in the magazine of registration of administrative offenses in form according to appendix 1, and also it is specified on the procedural documents provided in Item 10 of this provision.

The structure of the registration number assigned to administrative offenses by subordinate registering bodies is determined by higher state body and shall include permanent number of signs (at least five and no more than twelve) and to begin with two last figures of year of registration of administrative offense.

13. The magazine of registration of administrative offenses is numbered, stitched, sealed registering body, kept within calendar year and upon completion of year is stored within three years.

Based on decisions of higher state bodies conducting registration of administrative offenses by subordinate registering bodies of magazines electronically using information systems and observance of requirements of the legislation on information, informatization and information security is allowed.

Chapter 3. Procedure for assignment of registration number to crime

14. Registration number is assigned to crime:

criminal prosecution authority - no later than one day after pronouncement of the resolution on initiation of legal proceedings, about refusal in initiation of legal proceedings in the cases provided in Items 3 (in the absence of person which is subject to attraction as the person accused), 7, 10 parts 1 of Article 29 of the Code of penal procedure of the Republic of Belarus (further - the Code of penal procedure), about acceptance to production of the criminal case which arrived from competent authority of foreign state or about acceptance to production of criminal case of private prosecution on which pretrial investigation is obligatory according to part 2 of Article 181 of the Code of penal procedure, about allocation of criminal case;

court - no later than three days after the introduction in legal force of conviction on criminal case of private prosecution if on it registration number according to the paragraph is not assigned to the second this Item, and also removal of determination (resolution) on allocation of criminal case.

15. Registration number is assigned to crime with use of the Arab figures with increase within calendar year on structure of registration number of crime according to appendix 2 and fixed in the magazine of registration of crimes in form according to appendix 3, and also it is specified on the procedural documents and criminal cases of private prosecution provided in Item 14 of this provision.

In case of cancellation of the proceeding decisions specified in Item 14 of this provision, their repeated acceptance attracts assignment to this crime of new registration number.

16. The magazine of registration of crimes is numbered, stitched, sealed criminal prosecution authority or court, kept within calendar year and upon completion of year is stored within 15 years.

Based on decisions of higher state bodies conducting pretrial investigation by subordinate divisions, bodies of inquiry, prosecutor's offices and courts of magazines of registration of crimes electronically using information systems and observance of requirements of the legislation on information, informatization and information security is allowed.

Section III. Procedure for fixing of data on offense

Chapter 4. General requirements to filling of registration cards

17. Data on administrative offense are fixed in registration cards:

about the administrative offense made by physical person, forms 1-AP (further - registration card of form 1-AP) according to appendix 4;

about the administrative offense made by the legal entity, forms 3-AP (further - registration card of form 3-AP) according to appendix 5;

about results of appeal (protest) of the resolution which took legal effect on the case of administrative offense of form 2-AP (further - registration card of form 2-AP) according to appendix 6.

Data on crime are fixed in registration cards:

about form 1 crime (further - registration card of form 1) according to appendix 7;

about the physical person injured with crime, forms 1-P (further - registration card of form 1-P) according to appendix 8;

about the suspect, the person accused of form 1-L (further - registration card of form 1-L) according to appendix 9;

about the course of preliminary inquiry of form 2 (further - registration card of form 2) according to appendix 10;

about the end of preliminary inquiry of form 3 (further - registration card of form 3) according to appendix 11;

about person who committed crime, forms 3-L (further - registration card of form 3-L) according to appendix 12;

about supervision (control) of investigation of crime of form 4 (further - registration card of form 4) according to appendix 13;

about the course of consideration of criminal case in court of form 5 (further - registration card of form 5) according to appendix 14;

about the person taken into custody, condemned forms 6 (further - registration card of form 6) according to appendix 15.

18. Based on decisions of state bodies for accomplishment of the tasks and functions assigned to them registration cards can be added with other details. Such data are not subject to transfer to single national bank of data on offenses.

19. Coding of the concepts applied in registration cards is performed with use of the qualifiers placed in the text of registration cards, and also given in the list of the qualifiers used in registration cards according to appendix 16.

20. Qualifiers are developed, if necessary are supplemented with the Ministry of Internal Affairs taking into account offers of the interested state bodies and no later than two months before their application are reported on electronic data transmission channels to these authorities. In case of adoption (edition) of the acts of the legislation requiring change (amendment) of qualifiers, their transfer to the interested state bodies is performed no later than three working days before entry into force of these acts.

21. Registration cards are, as a rule, filled electronically in databanks of registration information on offenses or in single national bank of data on offenses.

In the cases provided by this Provision filling of registration cards in writing is allowed.

22. In registration cards corrections are prohibited. In the text of registration cards only reducings according to appendix 17 can be used. The fixed data on offenses shall reflect precisely the made proceeding decisions, be confirmed by case papers.

23. The adjusting registration card is filled in cases:

detection of the inaccuracies allowed when filling registration card, - person which filled it other authorized officer (worker) of registering body or body of pretrial investigation, body of inquiry, prosecutor's office, court at the request of heads of these bodies;

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