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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 15, 2007 No. 333

About approval of the Regulations on procedure for deportation of foreign citizens and persons without citizenship

(as amended on 02-06-2021)

Based on part 2 of article 21.1 of the Procedural and executive code of the Republic of Belarus about administrative offenses the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve Regulations on procedure for deportation of foreign citizens and persons without citizenship it (is applied).

2. This resolution becomes effective in 10 days after its official publication.

 

Prime Minister of the Republic of Belarus

S. Sidorsky

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 15, 2007 No. 333

Regulations on procedure for deportation of foreign citizens and persons without citizenship

1. This Provision developed based on part 2 of article 21.1 of the Procedural and executive code of the Republic of Belarus about administrative offenses (further – the Procedural and executive code), the Law of the Republic of Belarus of January 4, 2010 No. 105-Z "About legal status of foreign citizens and stateless persons in the Republic of Belarus", other legal acts, is determined procedure of deportation of foreign citizens and stateless persons (further – foreigners) from the Republic of Belarus, and also the expense recovery connected with deportation.

For the purposes of this provision legal entities or physical persons, including the individual entrepreneurs petitioning for entry of the foreigner into the Republic of Belarus, stay or residence in the Republic of Belarus are understood as legal entities or physical persons, the individual entrepreneurs accepting foreigners, who received the document for the invitation of the foreigner to the Republic of Belarus, drew up the petition based on which to the foreigner the visa of the Republic of Belarus is issued or are performed registration of the foreigner, prolongation of term of temporary stay or permission to temporary or permanent residence in the Republic of Belarus is issued (further, unless otherwise specified, – the petitioning person).

2. When conducting administrative process on the case of the administrative offense attracting imposing of administrative punishment in the form of deportation, bodies of the border service, law-enforcement bodies, the state security agencies (further – competent authorities) and the judge are guided by provisions of the Procedural and executive code.

The resolution on imposing of administrative punishment in the form of deportation (further – the resolution on deportation) addresses execution by competent authority immediately from the date of its removal.

The resolution on deportation is performed by the competent authority which took out it, and the decree on deportation issued by the judge – law-enforcement body proceeding from the minimum period of time necessary for departure of the foreigner from the Republic of Belarus.

3. According to the resolution on deportation the foreigner can be deported to one of the following states:

state of civil accessory;

state of the regular residence;

the state from which territory it arrived to the Republic of Belarus;

the state which showed willingness to accept it;

the state petitioning for its issue;

the state with which the Republic of Belarus signed the agreement on readmission.

4. The term of prohibition of entry into the Republic of Belarus (from six months to five years) is established taking into account the circumstances which formed the basis for decision making about deportation and also other data characterizing the identity of the foreigner and connected with its stay in the Republic of Belarus.

In case of deportation of the foreigner included in the List of persons whose entry into the Republic of Belarus is prohibited or undesirable to it the available term of prohibition of entry into the Republic of Belarus can be established if it exceeds six months.

The competent authority performing the resolution on deportation warns the foreigner about criminal liability for illegal crossing of Frontier of the Republic of Belarus (further – Frontier) and violation of term of prohibition of entry into the Republic of Belarus about what in the resolution on deportation record is made.

5. In case of the address of the foreigner concerning which the decree on deportation is issued with the statement containing the petition for provision to it it is right voluntarily and at the expense of the means to leave limits of the Republic of Belarus (further - the statement), one of the following decisions is accepted by competent authority:

about execution of the resolution on deportation in voluntary procedure;

about refusal to the foreigner in voluntary departure.

6. In the absence of the bases to believe that the foreigner can evade from execution of the resolution on deportation, by results of consideration of its statement the decision on execution of the resolution on deportation in voluntary procedure is passed. This decision is passed in the form of the resolution in which the term of departure of the foreigner from the Republic of Belarus which shall not exceed thirty days from the date of pronouncement of the resolution on deportation is specified.

The foreigner who is granted the right voluntarily and at the expense of the means to leave limits of the Republic of Belarus, independently determines the state to which he shall leave, and method of departure from the Republic of Belarus.

After document creation, acquisition of the tickets necessary for departure from the Republic of Belarus, or determination of procedure for departure from the Republic of Belarus the foreigner three days prior to date of departure shall inform on it the competent authority which made the decision on execution of the resolution on deportation in voluntary procedure. If the foreigner did not inform the competent authority which made the decision on execution of the resolution on deportation in voluntary procedure on date and procedure for departure from the Republic of Belarus, further to the foreigner with respect thereto by circumstance it can be refused one-time entry into the Republic of Belarus or reducing term of prohibition of entry into the Republic of Belarus. About the fact of not informing by the foreigner on date and procedure for its departure from the Republic of Belarus by competent authority entry in the resolution on deportation is made.

If decision making about execution of deportation in voluntary procedure attracts need of cancellation of measures for administrative detention of the foreigner, these measures shall be provided by competent authority in the decision on execution of the resolution on deportation in voluntary procedure from the sanction of the prosecutor.

The foreigner concerning whom the decree on execution of deportation in voluntary procedure is issued shall leave the Republic of Belarus during the term established in this resolution.

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