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LAW OF THE REPUBLIC OF BELARUS

of July 17, 2023 No. 287-Z

About national militia

Accepted by the House of Representatives on June 15, 2023

Approved by Council of the Republic on June 30, 2023

This Law determines bases of realization by citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are constantly living in the territory of the Republic of Belarus (further - citizens), the rights to voluntary participation in providing warlike situation in the territory of the Republic of Belarus.

Chapter 1. General provisions

Article 1. The main terms applied in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are applied:

national militia - the paramilitary groups created from among the citizens who showed willingness to take part in providing warlike situation in the territory of administrative-territorial (territorial) unit;

group of national militia - the paramilitary group created by local authorities of regional and basic territorial levels (further - local executive and administrative organs), local councils of defense on the basis of resource opportunities of the corresponding administrative-territorial (territorial) units which structure and number provide realization of tasks of national militia;

the volunteer of national militia (further - the volunteer) - the citizen who showed willingness to carry out tasks on providing warlike situation in the territory of administrative-territorial (territorial) unit on which he constantly or mainly lives, selected as the candidate for volunteers and enlisted in national militia according to the procedure and on the conditions established by this Law and other acts of the legislation.

Article 2. Subject of regulation of this Law

This Law governs the relations connected with voluntary participation of citizens in providing warlike situation in the territory of administrative-territorial (territorial) units.

Article 3. Legal basis of activities of national militia

The legal basis of activities of national militia is constituted by the Constitution of the Republic of Belarus, this Law and other acts of the legislation regulating activities of national militia, and also the international agreements of the Republic of Belarus.

Article 4. Basic principles of participation of citizens in activities of national militia

Participation of citizens in activities of national militia is based on the principles of voluntariness, legality, humanity and public forms of actions.

Article 5. Tasks of national militia

The main objective of national militia is rendering assistance of internal affairs to territorial authorities in implementation of powers by them during the providing warlike situation, protection of property against criminal and other illegal encroachments.

The national militia can be attracted by local councils of defense for the solution of other tasks on providing warlike situation.

Article 6. Financial and material security of national militia

The financial and material security of national militia is performed at the expense of means of local budgets, and also donations of the legal entities and physical persons and other sources which are not prohibited by the legislation.

Chapter 2. Forming, structure, number, completing and dislocation of groups of national militia

Article 7. Forming, structure and number of groups of national militia

Forming of national militia is performed based on the presidential decree of the Republic of Belarus.

Groups of national militia are created based on decisions of local executive and administrative organs, local councils of defense.

The number of groups of national militia, their structure and number are determined by decisions of local executive and administrative organs, local councils of defense taking into account availability of volunteers and solvable tasks.

With cancellation of warlike situation or based on the presidential decree of the Republic of Belarus groups of national militia are disbanded.

In each group of national militia the commander of group and its deputy (deputies) from among volunteers are appointed. Their candidacies are agreed with heads of territorial authorities of internal affairs and state security.

Procedure for forming (disbandment) for national militia, the events for preparation for forming of national militia held in peace time by local executive and administrative organs are determined by Council of Ministers of the Republic of Belarus.

Article 8. Completing of groups of national militia

Groups of national militia are completed with the volunteers capable on the personal qualities, the state of health to carry out the tasks provided by this Law.

Transfer of the citizen by the volunteer in national militia is not the basis for release from conscription on mobilization and the terminations of employment relationships.

According to the decision of local executive and administrative organ, local council of defense the employer shall exempt the worker from work for participation in activities of national militia. In case of release from work for the worker the place of employment, the employee's position (the worker's profession), average earnings on place of employment remain.

The procedure for completing and accounting of volunteers, their transfers in national militia and exit from it, the notice of employers on transfer of workers in groups of national militia is determined by Council of Ministers of the Republic of Belarus.

Article 9. Restrictions in case of transfer in national militia

Citizens cannot be enlisted in national militia:

serving sentence in the form of arrest, restrictions of freedom with the direction in correctional facility of open type, imprisonment for certain term or lifelong imprisonment;

to which the measure of restraint in the form of detention or house arrest is applied;

on which the decision on internment is made;

recognized in accordance with the established procedure as incapacitated or it is limited by capable;

the having diseases or physical defects in the presence of which ownership of weapon is contraindicated.

The refusal (the decision on refusal) of local executive and administrative organ, local council of defense in transfer of the citizen in national militia is not subject to appeal.

Article 10. Dislocation of groups of national militia

Groups of national militia are deployed in borders of administrative-territorial (territorial) unit in which were created.

Volunteers accommodate at the place of residence.

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