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LAW OF THE REPUBLIC OF BELARUS

of June 23, 2008 No. 354-Z

About provision to foreign citizens and stateless persons of the status of the refugee, additional and temporary protection in the Republic of Belarus

(as amended on 20-07-2016)

Accepted by the House of Representatives on May 14, 2008

Approved by Council of the Republic on June 4, 2008

This Law determines the bases and procedure for provision to foreign citizens and stateless persons (further if other is not determined, - foreigners) the status of the refugee, additional protection, shelter and temporary protection in the Republic of Belarus, the bases of loss of the status of the refugee, additional protection and shelter, the basis of cancellation of the status of the refugee or additional protection, the basis of deprivation of shelter, and also establishes legal, economic and social guarantees of protection of the rights and legitimate interests of the foreigners petitioning for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus (further - the foreigners petitioning for protection), and foreigners to whom are provided the status of the refugee, additional protection, shelter or temporary protection in the Republic of Belarus.

Chapter 1. General provisions

Article 1. Legislation of the Republic of Belarus on the status of the refugee, additional protection, shelter and temporary protection

The legislation of the Republic of Belarus on the status of the refugee, additional protection, shelter and temporary protection is based on the Constitution of the Republic of Belarus and consists of this Law, the Law of the Republic of Belarus of January 4, 2010 "About legal status of foreign citizens and stateless persons in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2010, No. 15, 2/1657), other acts of the legislation of the Republic of Belarus, and also international treaties 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, except as specified, provided by part three of this Article.

If this Law and (or) other legal acts of the Republic of Belarus fix the provisions providing bigger amount of the provided legal, economic and social guarantees of protection of the rights and legitimate interests of the foreigners petitioning for protection and also foreigners to whom are provided the status of the refugee, additional protection, shelter or temporary protection in the Republic of Belarus, than provided by international treaties of the Republic of Belarus then provisions of this Law and (or) other legal acts of the Republic of Belarus are applied.

Article 2. The main terms used in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are used:

the safe country - the state of civil accessory or the former regular residence of the foreigner in which taking into account the legislation, and also the political situation does not exist prosecutions on the basis of race, religion, nationality (citizenship) (further - nationality), national identity, belonging to certain social group or political convictions, are observed the international standards on human rights established by international legal acts of universal and regional nature including regulations about prohibition of tortures and other cruel, inhuman or degrading treatment or punishment, and the international organizations are given opportunity to watch respect for human rights;

reunion of family - arrival in the Republic of Belarus for the purpose of cohabitation of members of the family of the foreigner to which the status of the refugee, additional protection or shelter in the Republic of Belarus is provided;

temporary protection - set of the rights and obligations of the foreigner who arrived to the Republic of Belarus as a part of group of foreigners on which the decision on provision of temporary protection in the Republic of Belarus is made;

expulsion of the foreigner out of limits of the Republic of Belarus - deportation, dispatch, other forced and controlled movement of the foreigner through Frontier of the Republic of Belarus (further - Frontier) out of limits of the Republic of Belarus, and also in the cases provided by legal acts of the Republic of Belarus, resolutions of Council of Ministers of the Republic of Belarus and international treaties of the Republic of Belarus, controlled independent departure of the foreigner from the Republic of Belarus;

forced migration - movement of persons from the state of civil accessory or the former regular residence owing to concerns to become the victims of prosecutions on the basis of race, religion, nationality, national identity, belonging to certain social group or political convictions, or from the state of civil accessory or the former regular residence where there is threat of capital punishment, tortures and other cruel, inhuman or degrading treatment or punishment, or movement because of violence in the conditions of armed conflict of the international or not international nature;

additional protection - set of the rights and obligations of the foreigner on whom the decision on refusal in provision of the status of the refugee and is made on provision of additional protection in the Republic of Belarus;

integration of foreigners to whom are provided the status of the refugee, additional protection or shelter, - package of measures for adaptation of foreigners to which are provided the status of the refugee, additional protection or shelter in the Republic of Belarus, to social and economic conditions of the Republic of Belarus, its national traditions;

the place of the temporary settlement - the rooms opened according to the legislation of the Republic of Belarus when financing within projects of the international technical assistance or from other sources which are not forbidden by the legislation of the Republic of Belarus for temporary residence of the foreigners petitioning for protection, the foreigners to whom are provided the status of the refugee, additional protection or shelter in the Republic of Belarus who do not have opportunity independently to lodge in the territory of the Republic of Belarus. The decision on opening of the place of the temporary settlement is made by the owner of the room in whom it will be, in coordination with the Ministry of Internal Affairs of the Republic of Belarus and corresponding regional (To the Minsk city) executive committee;

Item of the temporary settlement - the organization which is a part of the system of law-enforcement bodies of the Republic of Belarus, created according to the decision of the President of the Republic of Belarus, providing rooms for temporary residence of the foreigners who are petitioning for protection and not having opportunity independently to lodge in the territory of the Republic of Belarus;

distribution quotas of registration of petitions for provision of the status of the refugee, additional protection or shelter (further - distribution quotas of registration of petitions) - the limit rate of acceptance by divisions on nationality and migration of Main Department of Internal Affairs of the Minsk city executive committee, the Departments of Internal Affairs of regional executive committees (further - divisions on nationality and migration) the foreigners petitioning for protection which is annually established by the Ministry of Internal Affairs of the Republic of Belarus;

the certificate on provision of additional protection in the Republic of Belarus (further - the certificate on additional protection) - the document confirming the personality of the foreigner to whom additional protection is provided;

the registration certificate of the petition for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus (further - the registration certificate of the petition) - the document confirming the personality of the foreigner petitioning for protection;

the status of the refugee - set of the rights and obligations of the foreigner on whom the decision on provision of the status of the refugee in the Republic of Belarus is made;

the third safe country - the state in which the foreigner was before arrival in the Republic of Belarus except as specified of transit through the territory of this state, and could address with the petition for provision of the status of the refugee, additional protection or shelter in this state as this state observes the international standards on human rights established by international legal acts of universal and regional nature including regulations about prohibition of tortures and other cruel, inhuman or degrading treatment or punishment; observes the international principles about protection of refugees including provided by the Convention on the status of refugees of July 28, 1951 and the Protocol concerning the status of refugees of January 31, 1967, first of all the principle of not dispatch; has the national legal system governing the relations in the sphere of forced migration, and its relevant state bodies provide the status of the refugee, additional protection or shelter;

shelter - set of the rights and obligations of the foreigner on whom the decision on provision of shelter in the Republic of Belarus is made;

the certificate of the refugee - the identity document of the foreigner to which the status of the refugee is provided;

the petition for provision of the status of the refugee, additional protection or shelter (further - the petition for protection) - the application submitted to authorized state body of the Republic of Belarus with request for provision of the status of the refugee, additional protection or shelter;

members of the family of the foreigner - the spouse (spouse), in scrap with which (which) the foreigner consisted before departure from the state of civil accessory or the former regular residence; the children including adopted (adopted), who did not reach age of eighteen years, except for those which acquired capacity to act in full according to the legislation of the Republic of Belarus; children, including adopted (adopted), are more senior than eighteen years, being disabled, not married, being dependent on the foreigner; disabled parents and adoptive parents (adopters) who are dependent on the foreigner.

Article 3. Restriction of operation of this Law

In the Republic of Belarus the status of the refugee, additional protection, shelter and temporary protection cannot be provided to foreigners:

concerning which there are objective bases to assume that they committed crime against the world, war crime or crime against humanity in the definition given to these acts in the international legal acts adopted for the purpose of implementation of measures concerning similar crimes;

concerning which there are objective bases to assume that they committed serious crime of non-political nature outside the Republic of Belarus before arrival on the territory of the Republic of Belarus;

concerning which there are objective bases to assume that they are guilty of making of the acts contradicting the purposes and the principles of the United Nations;

behind which competent authorities of the state of their permanent residence which is not the state of their civil accessory recognize the rights and obligations connected with nationality of this state.

In the Republic of Belarus the status of the refugee, additional protection and temporary protection cannot be provided to foreigners who use protection or the help of bodies or organizations of the United Nations, except Management of the High Commissioner of the United Nations for refugees.

Provisions of part two of this Article do not extend to foreigners whose protection or the help to which was stopped without final settlement of provision of these persons according to decisions of the General Assembly of the United Nations.

Article 4. Confidentiality of information on the foreigners petitioning for protection and foreigners to whom are provided the status of the refugee, additional protection, shelter or temporary protection

Information on the foreigners petitioning for protection and foreigners to whom are provided the status of the refugee additional protection, shelter or temporary protection, is confidential and cannot be provided without their written consent:

to the states, state bodies, the organizations and citizens of the state of their civil accessory or the former regular residence, the foreigners living in the state of their civil accessory or the former regular residence and also mass media;

to other states, state bodies, the organizations and foreigners, and also the international organizations and citizens of the Republic of Belarus if other is not provided by legal acts of the Republic of Belarus or international treaties of the Republic of Belarus.

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