RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of August 2, 2023 No. 511

About information system of search accounting

Based on subitem 3.1 of Item 3 of the Presidential decree of the Republic of Belarus of November 17, 2020 No. 415 "About increase in efficiency and quality of rule-making activities" and for the purpose of ensuring search (establishment) of persons in the cases provided by legal acts, the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on procedure for functioning of information system of search accounting it (is applied).

2. To the Ministry of Internal Affairs till January 1, 2024 to take measures for implementation of this resolution.

3. This resolution becomes effective in the following procedure:

Item 1 - since January 1, 2024;

other provisions of this resolution - after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of August 2, 2023 No. 511

Regulations on procedure for functioning of information system of search accounting

1. This Provision determines procedure for functioning of information system of search accounting (further - IS "Search Accounting").

2. For the purposes of this provision terms and their determinations in the values established by the Law of the Republic of Belarus of November 10, 2008 No. 455-Z "About information, informatization and information security", the Agreement of the State Parties of the Commonwealth of Independent States on interstate search of persons of December 10, 2010 are applied.

3. The owner and the operator of IS "Search Accounting", and also the owner of the information resources created and which are stored with use of IS "Search Accounting" is the Ministry of Internal Affairs.

4. IS "Search Accounting" is intended for fixing, accounting, storage and provision of information about persons:

concerning which on the bases provided in paragraphs the fifth or ninth part one of article 16 of the Law of the Republic of Belarus of July 15, 2015 No. 307-Z "About operational search activities" case of operational accounting is opened;

concerning which based on the resolution of the legal executive on search of the debtor - the citizen of the Republic of Belarus, the foreign citizen, the stateless person, including the individual entrepreneur, the official of law-enforcement body opens case on search of the debtor;

concerning which based on determination of court about search of the defendant by the official of law-enforcement body case on search of the defendant is opened;

concerning which the decree on the announcement in interstate search is issued;

which location needs to be established in case of accomplishment of the tasks and obligations assigned to law-enforcement bodies in the absence of the bases for the announcement of search determined by legal acts.

5. The Ministry of Internal Affairs provides:

functioning and development of IS "Search Accounting";

accounting, storage, provision of information about persons specified in item 4 of this provision. The accounting treatment is determined by the Ministry of Internal Affairs;

fulfillment of requirements of the legislation on information, informatization and information security in the course of functioning of IS "Search Accounting";

implementation of other functions, stipulated by the legislation, necessary for ensuring work of IS "Search Accounting".

6. The state bodies authorized according to legal acts to perform actions for establishment of the location of persons specified in the item 4 of this provision, according to the procedure, determined by the Ministry of Internal Affairs fix and transfer (send) the information about such persons for the room to IS "Search Accounting".

7. The information from IS "Search Accounting" is provided to state bodies for accomplishment of the tasks and functions assigned to them by legal acts with observance of requirements of the legislation on information, informatization and information security, including about personal data protection, to the provided amount of such data. The specified information is provided based on request within ten days from the date of its receipt if other term is not established by legal acts.

At the same time remote access to the data which are stored in IS "Search Accounting" can be provided to state bodies for accomplishment of the tasks and functions assigned to them by legal acts with observance of requirements of the legislation on information, informatization and information security by means of network of telecommunication. The procedure for provision of such access is determined by the agreement on information exchange signed between the Ministry of Internal Affairs and state body.

The data which are stored in IS "Search Accounting" are provided to state bodies and other organizations of foreign states, the international organizations in the cases and procedure established by international treaties of the Republic of Belarus.

8. The information about persons specified is stored in IS "Search Accounting":

in paragraphs the second or fifth item 4 of this provision, - within 50 years following after year of diversion of operational accounting, case on search of the debtor, defendant, pronouncement of the resolution on the termination of interstate search;

in paragraph six of item 4 of this provision, - within five years following after year of the termination of search.

Data on objects of accounting which storage durations in IS "Search Accounting" expired automatically are removed from machine (electronic) data carriers.

The data which are mistakenly placed in IS "Search Accounting" are removed information center of the Ministry of Internal Affairs based on the written address of the official of the state body authorized according to legal acts to perform actions for establishment of the location of persons specified in item 4 of this provision.

9. IS "Search Accounting" is used on a grant basis.

10. Financing of expenses on operation, maintenance, development (upgrade) and completion of IS "Search Accounting" is performed at the expense of the means provided in the republican budget on content of the Ministry of Internal Affairs, and also other sources which are not prohibited by the legislation.

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