PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 6, 2023 No. 25

About consideration of addresses of citizens of the Republic of Belarus concerning making of offenses by them

For the purpose of maintenance of civil consent, ensuring realization of constitutional rights and freedoms of the Belarusian citizens I decide:

1. Form the Commission on consideration of addresses of the citizens of the Republic of Belarus who are located abroad concerning making of offenses by them (further – the Commission) and to approve its structure it (is applied).

2. Determine that the Commission has the right to consider obrashcheniya*:

being located abroad and persons interested to return to the Republic of Belarus citizens of the Republic of Belarus who made since January 1, 2020 the administrative offenses or crimes connected with significant social and political events in the Republic of Belarus (further if other is not established, - offenses), or are afraid of return to the Republic of Belarus in connection with the possible participation in making of such offenses;

other citizens of the Republic of Belarus according to the order of the President of the Republic of Belarus.

The commission considers the addresses submitted in written or electronic form.

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* On these addresses requirements of the Law of the Republic of Belarus of July 18, 2011 No. 300-Z "On addresses of citizens and legal entities" do not expatiate.

3. Addresses shall be stated in Russian or Belarusian and to contain:

name of the Commission;

surname, own name, middle name (if that is available) the citizen of the Republic of Belarus (further - the citizen), the address of its residence (the place of stay), date of the last departure out of limits of the Republic of Belarus, and also data on the last place of employment (study) in the Republic of Belarus;

address essence statement with reflection of information:

about the reasons for which the citizen left the territory of the Republic of Belarus (if the citizen is located abroad);

about desire to return to the Republic of Belarus;

about circumstances in connection with which as the citizen believes, he can be brought to administrative and (or) to trial;

about readiness to observe the Constitution of the Republic of Belarus, the laws and other regulatory legal acts, to respect the state symbols and national traditions of the Republic of Belarus, consciously and actively to perform the civic duty. When making offense the citizen also reports about frank repentance of deeds, readiness to bring public apologies and to indemnify the caused loss (harm);

other data having according to the citizen, value for consideration of the address;

the personal signature of the citizen (for written addresses).

4. The copy of the identity document of the citizen, other documents which, according to the citizen, matter for consideration of the matter by the Commission, including personal guarantees shall be attached to the address.

Capable full age faces, public organizations, political parties, government employees, labor collectives, other associations of citizens, legal entities can be guarantors. The number of guarantors is not limited.

4-1. The requirements to addresses established by Items 3 and 4 of this Decree do not extend to the addresses of citizens of the Republic of Belarus considered by the Commission according to the order of the President of the Republic of Belarus.

5. Addresses are considered by the Commission on being no later than two months from the date of their receipt in time. If necessary the commission chairman has the right to extend this term up to three months.

6. The addresses which are not within the competence of the Commission and (or) not conforming to the requirements established by this Decree are not taken cognizance by the Commission about what according to the procedure, established by the commission chairman, the citizen is informed.

7. By consideration of addresses the Commission with the consent of its chairman or his deputy has the right:

request from state bodies, including the bodies conducting administrative or criminal procedure, other organizations and citizens information and documents necessary for consideration of the address which shall be submitted within the term established by the Commission;

invite to commission sessions of representatives of state bodies, public associations, mass media and other persons.

State bodies based on request of the Commission make offers concerning the decision which is made by the Commission on the address according to Item 8 of this Decree.

8. By results of consideration of the address the Commission accepts one of the following decisions:

about informing the citizen on absence concerning it for date of the appeal to the Commission of the begun administrative process about the offenses prescribing punishment in the form of administrative detention, the unexecuted resolution on imposing of administrative punishment in the form of administrative detention, the brought criminal case, resolutions on recognition by the suspect, attraction as the person accused;

about feasibility of cancellation of the measure of restraint chosen concerning the citizen or replacement of her softer;

about feasibility of the termination concerning the citizen of case on administrative offense, release it from criminal liability according to the procedure and on conditions, stipulated by the legislation;

about informing the citizen on its procedural provision on the case of administrative offense, to criminal case;

about informing the citizen on carrying out concerning its check according to the criminal procedure legislation or the legislation determining procedure for administrative process or on availability of the bases for such check.

The commission on the citizen can make other decision caused by implementation of the order of the President of the Republic of Belarus.

9. The decision is made on commission session by open voting by a majority vote and drawn up by the protocol which is signed by the chairman and members of the commission who are present at meeting. In case of equality of votes the commission chairman's voice is decisive. Commission session is considered competent if more than a half of its structure participates in it.

The decision of the Commission is final.

10. The addressed citizens are notified on the decisions made by the Commission according to the procedure, established by the commission chairman.

11. In case of acceptance by the Commission of decisions, the called in paragraphs three and the fourth Item 8 of this Decree, nature and degree of public danger (harm) of committed act, frank repentance of deeds, the identity of the citizen, his behavior, the relation to work (study), the availability of personal guarantees deserving attention other circumstances are considered.

These decisions go taking into account competence to the bodies conducting administrative or criminal procedure which shall consider them in three-day time and to notify the Commission on results.

12. Citizens on whom the Commission makes the decisions called in paragraphs the second or fourth Item 8 of this Decree shall arrive to the Republic of Belarus no later than three months from the date of the direction the Commission of the adequate notice. In case of non-compliance with this requirement the decision of the Commission voids.

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