LAW OF THE REPUBLIC OF BELARUS

of July 17, 2007 No. 263-Z

About law-enforcement bodies of the Republic of Belarus

It is accepted by the House of Representatives on June 27, 2007

Approved by Council of the Republic on June 29, 2007

This Law determines legal and organizational basis of activities of law-enforcement bodies of the Republic of Belarus (further - law-enforcement bodies), establishes obligations and the rights of law-enforcement bodies and their employees, guarantees of legal and social protection of staff of law-enforcement bodies.

Chapter 1. General provisions

Article 1. Law-enforcement bodies and their appointment

Law-enforcement bodies – the state law enforcement agencies performing fight against crime, protection of public order and ensuring public safety according to the tasks assigned to them by this Law and other legal acts.

Law-enforcement bodies treat paramilitary organizations and are component of system of ensuring national security of the Republic of Belarus.

Article 2. Main objectives of law-enforcement bodies

The main objectives of law-enforcement bodies are:

protection of life, health, honor, advantage, the rights, freedoms and legitimate interests of citizens of the Republic of Belarus, foreign citizens and stateless persons (further, unless otherwise specified, – citizens) from criminal and other illegal encroachments, ensuring their personal and property security, protection of the rights and legitimate interests of the organizations from criminal and other illegal encroachments according to competence of law-enforcement bodies;

protection of interests of society and state against criminal and other illegal encroachments, protection of public order and ensuring public safety;

protection of property against criminal and other illegal encroachments;

prevention, identification, control of offenses and administrative offenses, production of inquiry on criminal cases, conducting administrative process according to their competence;

search of persons accused whose location is unknown, persons disappearing from the bodies conducting criminal procedure, persons evading from serving sentence or other measures of criminal liability, missing and other persons in the cases provided by legal acts, establishment of persons who committed crimes, persons which are subject to administrative prosecution according to competence of law-enforcement bodies;

the organization of execution and serving sentence and other measures of criminal liability, administrative punishments according to competence of law-enforcement bodies;

participation in realization of state policy in the field of nationality, migration and the register of the population;

rendering within competence of law-enforcement bodies on conditions and according to the procedure, stipulated by the legislation, the help to citizens, state bodies, public associations and other organizations in realization of their rights and the obligations assigned to them.

Other tasks can be assigned to law-enforcement bodies by legal acts.

Article 3. Legal basis of activities of law-enforcement bodies 

The legal basis of activities of law-enforcement bodies is constituted by the Constitution of the Republic of Belarus, this Law, presidential decrees of the Republic of Belarus, other acts of the legislation, and also the international agreements of the Republic of Belarus.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 4. Principles of activities of law-enforcement bodies

Activities of law-enforcement bodies are performed on the principles:

legality;

respect and observance of the rights, freedoms and legitimate interests of citizens;

humanity;

unities of system of law-enforcement bodies and centralization of management of them;

combinations of public and secret methods and means of activities;

independence of activities of political parties and other public associations.

Article 5. Publicity in activities of law-enforcement bodies

Activities of law-enforcement bodies are public, open for citizens and mass media in that measure in what it does not contradict requirements of the criminal procedure legislation, the legislation determining procedure for administrative process, the legislation on operational search activities, on protection of the state secrets, on information, informatization and information security.

Law-enforcement bodies according to the procedure and the limits determined by the legislation inform state bodies, public associations, mass media, citizens on condition of public order and measures for its providing.

Article 6. Activities of law-enforcement bodies and right of citizens

Law-enforcement bodies protect life, health, honor, advantage, the rights, freedoms and legitimate interests of citizens from criminal and other illegal encroachments irrespective of their nationality, social, property and other position, racial and national identity, sex, age, education and language, the relation to religion, political and other convictions, and also from other circumstances.

Restriction by the staff of law-enforcement bodies of citizens in their rights and freedoms is allowed only in the cases provided by this Law and other legal acts.

Citizens and the organizations which rights and legitimate interests are infringed by decisions, actions (failure to act) of staff of the law-enforcement bodies having the right to appeal these decisions, actions (failure to act) in higher state body or to the higher official, the prosecutor or in court.

Law-enforcement bodies have no right to spread the information discrediting honor, advantage or goodwill of the citizen, to disclose its personal data, data relating to his private life if other is not provided by this Law and other legal acts.

Article 7. Interaction of law-enforcement bodies with other state bodies, other organizations and citizens

Law-enforcement bodies perform the activities in interaction with other state bodies, public associations, other organizations, including foreign, and citizens.

State bodies, other organizations and their officials within the competence shall render assistance to law-enforcement bodies performed by the obligations assigned to them determined by this Law and other legal acts.

Citizens can voluntarily participate in the solution of the tasks facing law-enforcement bodies, including on confidential basis, according to the procedure, established by the legislation.

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