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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 3, 2008 No. 294

About documentation of the population of the Republic of Belarus

(as amended on 16-03-2021)

For the purpose of enhancement of procedure for documentation of the population of the Republic of Belarus:

1. Determine that:

1.1. identity documents, are:

passport of the citizen of the Republic of Belarus;

the residence permit in the Republic of Belarus;

certificate of the refugee;

ID card of the citizen of the Republic of Belarus;

the biometric residence permit in the Republic of Belarus the foreign citizen;

the biometric residence permit in the Republic of Belarus stateless persons.

In the cases provided by legal acts, resolutions of Council of Ministers of the Republic of Belarus, for the identity certificate of citizens of the Republic of Belarus, the foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus, foreign citizens and stateless persons to which the status of the refugee in the Republic of Belarus is provided and also for confirmation of their special status (the rights and obligations) except the documents specified in part one of this subitem other documents can be used.

The identity document, each citizen of the Republic of Belarus who reached fourteen-year age, the foreign citizen and the person without citizenship who are constantly living in the Republic of Belarus, the foreign citizen and the stateless person to whom the status of the refugee in the Republic of Belarus is provided shall have if other is not established by this Decree.

For the purpose of the identity certificate the citizen of the Republic of Belarus can be documented by either the passport of the citizen of the Republic of Belarus, or the ID card of the citizen of the Republic of Belarus;

1.2. documents for departure from the Republic of Belarus and (or) entry into the Republic of Belarus are:

passport of the citizen of the Republic of Belarus;

diplomatic passport of the citizen of the Republic of Belarus;

service passport of the citizen of the Republic of Belarus;

the certificate on return to the Republic of Belarus;

national identity certificate of the seaman of the Republic of Belarus;

travel document of the Republic of Belarus;

biometric passport of the citizen of the Republic of Belarus;

biometric diplomatic passport of the citizen of the Republic of Belarus;

biometric service passport of the citizen of the Republic of Belarus;

biometric travel document of the Republic of Belarus;

the travel document (The convention of July 28, 1951 *).

______________________________

* The convention on the status of refugees accepted on July 28, 1951.

Each citizen of the Republic of Belarus who is leaving the Republic of Belarus, and also constantly living outside the Republic of Belarus shall have the document for departure from the Republic of Belarus and (or) entry into the Republic of Belarus irrespective of age;

1.3. identity documents, and also the documents for departure from the Republic of Belarus and (or) entry into the Republic of Belarus issued before entry into force of this Decree keep the legal force during the term of their action if they are drawn up according to requirements of the legislation existing before entry into force of this Decree;

1.4. the citizen of the Republic of Belarus cannot have at the same time valid passport of the citizen of the Republic of Belarus and valid the ID card of the citizen of the Republic of Belarus and (or) the biometric passport of the citizen of the Republic of Belarus.

2. Approve:

The regulations on identity documents (are applied);

The regulations on documents for departure from the Republic of Belarus and (or) entry into the Republic of Belarus (are applied);

The regulations on biometric identity documents (are applied);

The regulations on biometric documents for departure from the Republic of Belarus and (or) entry into the Republic of Belarus (are applied).

3. Operation of this Decree does not extend to the foreign citizens and persons without citizenship who are temporarily staying and temporarily living in the Republic of Belarus, except for persons to whom the status of the refugee in the Republic of Belarus, and persons to whom the travel document of the Republic of Belarus, the biometric travel document of the Republic of Belarus is issued is provided.

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

5. Recognize invalid:

5.1. The presidential decree of the Republic of Belarus of January 13, 1997 No. 33 "About approval of the Regulations on diplomatic and service passports of citizens of the Republic of Belarus and Regulations on procedure for issue of diplomatic and service passports to citizens of the Republic of Belarus" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1997, No. 2, the Art. 40);

5.2. The presidential decree of the Republic of Belarus of March 18, 1998 No. 135 "About issue of service passports to some categories of citizens of the Republic of Belarus" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1998, No. 8, the Art. 190);

5.3. Item 2 of the Presidential decree of the Republic of Belarus of April 23, 1999 No. 231 "About the Collection of the existing regulations of the President of the Republic of Belarus (1994 - 1998)" (The national register of legal acts of the Republic of Belarus, 1999, No. 33, 1/291) regarding approval of the editorial and technical changes made to the Presidential decree of the Republic of Belarus of January 13, 1997 No. 33;

5.4. Ceased to be valid according to the Presidential decree of the Republic of Belarus of 06.01.2012 No. 13

5.5. Item 1 of the Presidential decree of the Republic of Belarus of September 17, 2001 No. 506 "About entering of amendments and changes into some presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2001, No. 89, 1/3020);

5.6. subitem 1.5 of Item 1 of the Presidential decree of the Republic of Belarus of January 12, 2007 No. 23 "About modification and amendments in presidential decrees of the Republic of Belarus, recognition voided some decrees and separate provisions of presidential decrees of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2007, No. 16, 1/8265);

5.7. subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of December 31, 2007 No. 704 "About some questions of payment of the state fee" (The national register of legal acts of the Republic of Belarus, 2008, No. 5, 1/9293).

6. To Council of Ministers of the Republic of Belarus in six-months time:

6.1. together with the National center of the legislation and legal researches to take measures for reduction of legal acts in compliance with this Decree;

6.2. provide reduction of other acts of the legislation in compliance with this Decree;

6.3. approve:

descriptions and samples of identity documents, and documents for departure from the Republic of Belarus and (or) entry into the Republic of Belarus;

forms of the references issued in case of loss (plunder) of identity documents;

6.4. take other measures for implementation of this Decree.

7. To the Ministry of Internal Affairs, the Ministry of Health, the Ministry of Foreign Affairs, the Ministry of Transport and Communications, the Ministry of Justice and the State boundary committee in six-months time to approve forms of the marks brought in identity documents, and documents for departure from the Republic of Belarus and (or) entry into the Republic of Belarus and also to determine procedure for introduction of the specified marks and their cancellation.

8. This Decree becomes effective in six months after its official publication, except for Items 6, 7 and this Item, becoming effective from the date of official publication of this Decree.

President of the Republic of Belarus

A. Lukashenko

 

Approved by the Presidential decree of the Republic of Belarus of June 3, 2008 No. 294

Regulations on identity documents

Chapter 1. General provisions

1. This Provision determines procedure for issue, use, exchange, recognition invalid, withdrawals, storages, destructions of identity documents, except for biometric identity documents.

2. Action of this provision extends to the citizens of the Republic of Belarus living in the Republic of Belarus and beyond its limits (further - citizens), the foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus (further - foreigners if this Provision does not determine other), foreign citizens and stateless persons to which the status of the refugee in the Republic of Belarus is provided (further - refugees).

3. For the purposes of this provision the following main terms and their determinations are applied:

the passport of the citizen of the Republic of Belarus (further - the passport) the identity document of the citizen in the territory of the Republic of Belarus and beyond its limits, confirming nationality and the right of its owner to departure from the Republic of Belarus and entry into the Republic of Belarus;

the residence permit in the Republic of Belarus (further - the residence permit) - the identity document of the foreigner in the territory of the Republic of Belarus and confirming receipt by it of permission to permanent residence in the Republic of Belarus;

the certificate of the refugee - the identity document of the refugee in the territory of the Republic of Belarus.

4. Identity documents, are property of the Republic of Belarus.

5. The owner of the identity document, shall:

it is careful to store and use the identity document;

transfer the identity document, upon the demand of officials of the state bodies authorized on verification of identity documents;

hand over the identity document which is subject to withdrawal or temporary withdrawal, in law-enforcement body at the place of residence or in other state body, other state organization determined by this Provision;

to file without delay petition for loss (plunder) of the identity document, in law-enforcement body or the Ministry of Foreign Affairs (for the citizens who are constantly living outside the Republic of Belarus) - when losing (plunder) of this document in the territory of the Republic of Belarus, in competent authority of foreign state and in diplomatic representation or consular establishment of the Republic of Belarus (further - diplomatic representation or consular establishment) - when losing (plunder) of the identity document, outside the Republic of Belarus.

The owner of the identity document, performs other duties according to this Provision.

Person which found the identity document in the territory of the Republic of Belarus, shall hand over it in law-enforcement body, and found such document outside the Republic of Belarus, - in diplomatic representation or consular establishment.

6. Issue of identity documents, is performed according to the procedure, established by this Provision.

7. The basis for refusal in issue of the identity document, is non-presentation of the documents specified in legal acts for ministerial procedures, or submission of documents, which are not conforming to requirements of the legislation, including false, forgery or invalid documents.

The basis for refusal in issue of the passport to the citizen who left the Republic of Belarus for temporary stay and staying on the consular registry of the citizens who are temporarily staying outside the Republic of Belarus is acceptance by authorized state bodies and other organizations of the decision on temporary restriction of the right of the citizen to departure from the Republic of Belarus in the cases established by the legislation.

Issue to the citizen of the ID card of the citizen of the Republic of Belarus (further – the ID card) is the basis for refusal in the subsequent issue of the passport to it.

The refusal in issue of the identity document, shall be motivated. About refusal in issue of the identity document, the citizen, the foreigner or the refugee is in writing informed within three working days from the date of adoption of such decision.

Refusal in issue of the identity document, or other actions (failure to act) of officials of the state body authorized on issue of such document can be appealed in the state body which is higher in relation to this state body.

Appeal judicially of refusal in issue of the identity document, or other actions (failure to act) of officials of the state body authorized on issue of identity documents is performed after appeal of such actions (failure to act) in the state body which is higher in relation to this state body.

After remedial action, formed the basis for refusal in issue of the identity document, the citizen, the foreigner or the refugee can address for receipt of this document according to the procedure, established by legal acts for ministerial procedures.

8. The identity document, is invalid in case:

lack in it of the data specified in Items 21, of 32, 42 this provision or its counterfeit;

expirations of its action;

impossibility of identification of the data specified in Items 21, of 32, 42 this provision or remedies of the form of the document (further – unfitness for use);

submissions by the owner of this document of the statement for its loss (plunder) in law-enforcement body or the Ministry of Foreign Affairs if the owner of the document constantly lives outside the Republic of Belarus (when losing (plunder) of the identity document, in the territory of the Republic of Belarus), or in diplomatic representation or consular establishment (when losing (plunder) of the identity document, outside the Republic of Belarus) – from the date of filing of application about loss (plunder) of this document;

changes (change) of surname, own name, middle name of its owner – after one month from the date of change (change) of surname, own name, middle name of the owner of the identity document (for the citizens who are constantly living outside the Republic of Belarus – after six months from the date of change (change) of surname, own name, middle name of the owner of the identity document);

acceptances by law-enforcement body, Ministry of Foreign Affairs, diplomatic representation or consular establishment of the decision on recognition its invalid in the cases provided in part two of this Item;

death of the owner of this document;

announcements of the owner of this document dead.

The law-enforcement body, the Ministry of Foreign Affairs, diplomatic representation or consular establishment make the decision on recognition of the identity document, invalid in case:

losses by the owner of this document of the right to its use;

messages the owner of such document of false data or submission of false, forgery or invalid documents in case of decision making about issue of the identity document;

issues of the new identity document, before expiration which is earlier issued.

9. The owner of the identity document, loses the right to use:

passports - in case of the termination of nationality of the Republic of Belarus, cancellation of the decision on acquisition of nationality of the Republic of Belarus, confirmation of absence at person of nationality of the Republic of Belarus by results of determination of belonging to nationality of the Republic of Belarus from the date of adoption of the relevant decision or entry into force of the corresponding presidential decree of the Republic of Belarus concerning nationality of the Republic of Belarus;

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