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LAW OF THE REPUBLIC OF BELARUS

of July 21, 2008 No. 419-Z

About Frontier of the Republic of Belarus

(as amended on 10-10-2022)

Accepted by the House of Representatives on June 27, 2008

Approved by Council of the Republic on June 28, 2008

This Law determines the organizational and legal basis of the state boundary policy, power of the President of the Republic of Belarus, state bodies in the field of the state boundary policy and governs the relations connected with ensuring boundary safety of the Republic of Belarus (further - boundary safety).

Chapter 1. General provisions

Article 1. The basic concepts and their determinations used in this Law

In this Law the following basic concepts and their determinations are used:

automatic means of border control – the special technical means allowing to perform verification of documents of the physical persons crossing Frontier of the Republic of Belarus (further – Frontier), without participation of staff of bodies of the border service and officials of customs authorities;

Frontier – the line and the vertical surface passing across this line, the determining limits of the territory of the Republic of Belarus (sushi, waters, subsoil, airspace);

the state boundary policy – the component of domestic and foreign policy of the Republic of Belarus representing the activities of authorized state bodies (officials) aimed at providing boundary safety;

the state regulatory authorities – the divisions of territorial authorities of the border service, structural divisions of the customs authorities and other organizations which are part (system) of state bodies and organizations, performing (carrying-out) control types established by legal acts concerning the physical persons and vehicles arriving to the Republic of Belarus and decreasing out of limits of the Republic of Belarus, the goods imported on the territory of the Republic of Belarus or exported from the Republic of Belarus;

delimitation of Frontier – determination of provision of Frontier between the Republic of Belarus and the adjacent states according to cartographic materials, land and cadastral documentation, other reference materials and data, drawing it on topographic maps;

demarcation of Frontier – designation on the area of passing of Frontier between the Republic of Belarus and the adjacent states border markers with creation of demarcation documents;

Frontier infrastructure – complex of the boundaries, hydraulic engineering, engineering constructions and obstacles, other objects built, equipped and used for the purpose of designation contents of Frontier and ensuring its protection;

infrastructure of the border territory – complex of the stationary objects, the engineering and other constructions equipped and used for the purpose of ensuring boundary safety;

operational ensuring protection of Frontier – activities of the state bodies organizing and performing according to their competence prospecting, operational search, counterprospecting and other actions for the purpose of accomplishment of tasks for protection of Frontier;

protection of Frontier – complex of operational and office actions, the control, operational search, regime and other actions performed by bodies of the border service, other state bodies, the organizations and physical persons according to their competence for the purpose of compliance with law about Frontier;

personal data of the passenger – surname, own name, middle name (if that is available), the floor, birth date this about nationality (citizenship) of the passenger, the name and document number based on which the travel document, term of its action and other information on the travel document is acquired;

boundary safety – the component of homeland security of the Republic of Belarus representing condition of security of national interests of the Republic of Belarus from internal and external threats in boundary space;

border area – the site of the area adjacent to back border of borderland within part of the territory of the area, the city, the settlement of city type, the Village Council including the part of waters of the boundary rivers, lakes and other superficial water objects which is also belonging to the Republic of Belarus and islands located in these waters, intended for implementation of protection of Frontier;

borderland – the site of the area adjacent to Frontier intended for creation of conditions of effective activities of bodies of the border service for ensuring boundary safety, construction (construction) and maintenance in good repair of the constructions and objects necessary for implementation of protection of Frontier;

the border service – system of the actions performed by border duties of divisions of territorial authorities of the border service for the purpose of prevention (suppression) of violations of the law about Frontier within the border territory out of check points through Frontier (further – check points);

boundary space – Frontier, the border territory, airspace of the Republic of Belarus (further – airspace) over them, and also other territories within which the activities of authorized state bodies (officials) aimed at providing boundary safety are performed;

borderline case – the incident connected with violation of the mode of Frontier, creating threat of homeland security of the Republic of Belarus and (or) the adjacent state;

border control – system of the actions performed by border duties of divisions of territorial authorities of the border service, customs authorities including with use of risk management system, for the purpose of establishment of legal causes for crossing of Frontier by physical persons;

boundary regime – procedure for entrance (entrance), temporary stay, movement of physical persons and vehicles (further – entrance (entrance), temporary stay and movement) in border area and borderland, accounting, content, swimming and finding of water vessels in internal waters of the Republic of Belarus (waters of the rivers, lakes and other superficial water objects which coast completely belong to the Republic of Belarus) within border area and borderland, content and use in border area and borderland of the motorized vehicles which are not subject to operation on roads, floating objects and aircraft and also procedure of economic and other activity in border area and borderland;

strip of fixture of Frontier – the site of the area adjacent it is direct to Frontier, intended for designation of Frontier on areas and ensuring proper maintenance of Frontier;

the border territory – the site of the area including border area, borderland, strip of fixture of Frontier, check points, administrative-territorial and territorial units of the Republic of Belarus or their part, intended for implementation of protection of Frontier;

the check point – the territory (water area) within the railway station (station), river port, the airport open for the international messages (the international flights), and also other specially allocated and equipped site of the area where the omission through Frontier of physical persons, vehicles and goods is performed;

the mode at check points – procedure for entrance (entrance) to check points, movements within check points and departure (exit) from them of physical persons and vehicles, including the rights, obligations and restrictions for the physical persons which are in check points, requirements of schemes of the omission through Frontier of physical persons, vehicles and goods, and also procedure of economic and other activity at check points;

the Frontier mode – procedure for content of Frontier, crossing of Frontier by physical persons and vehicles, movements through Frontier of goods (further, unless otherwise specified, – crossing of Frontier), the omission through Frontier of physical persons, vehicles and goods, take off and landing of aircrafts in case of accomplishment of the international flights, calling and stay of water vessels in the part of waters of the boundary rivers, lakes and other superficial water objects belonging to the Republic of Belarus, permissions of borderline cases, and also procedure on Frontier of economic and other activity;

the adjacent state – the foreign state having the general site of Frontier with the Republic of Belarus;

the vehicle – the device intended for movement and (or) transportation of physical persons and (or) goods;

physical persons – citizens of the Republic of Belarus, foreign citizens and stateless persons.

Other concepts are used in this Law in the values determined by the legislation on protection and use of waters and other legislation.

Article 2. Principles of the state boundary policy

The Republic of Belarus when implementing the state boundary policy is guided by the principles:

ensuring national security of the Republic of Belarus and international security;

mutual respect of sovereignty, equality and territorial integrity of the states;

inviolability of Frontier;

peaceful resolution of boundary questions and incidents;

respect of rights and freedoms of man and citizen;

mutually beneficial full cooperation with foreign states.

Article 3. Legal basis of the state boundary policy

The relations in the field of the state boundary policy are governed by the legislation on Frontier, and also international treaties of the Republic of Belarus.

The legislation on Frontier is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.

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.

Chapter 2. Powers of the President of the Republic of Belarus and state bodies in the field of the state boundary policy

Article 4. Powers of the President of the Republic of Belarus in the field of the state boundary policy

The president of the Republic of Belarus in the field of the state boundary policy:

determines the main directions of the state boundary policy;

performs the common directorship of state bodies concerning realization of the state boundary policy and provides interaction between them;

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