LAW OF THE REPUBLIC OF BELARUS

of November 11, 2008 No. 454-Z

About bodies of the border service of the Republic of Belarus

It is accepted by the House of Representatives on October 10, 2008

Approved by Council of the Republic on October 22, 2008

This Law determines legal and organizational basis of activities of bodies of the border service of the Republic of Belarus (further bodies of the border service), establishes obligations and the rights of bodies of the border service and their staff, guarantee of legal and social protection of staff of bodies of the border service and members of their families.

Chapter 1. General provisions

Article 1. Bodies of the border service and their appointment

Bodies of the border service – the state bodies and the organizations participating in carrying out the state boundary policy, ensuring boundary safety of the Republic of Belarus (further – boundary safety) and the performing law-enforcement functions.

Bodies of the border service are component of system of ensuring national security of the Republic of Belarus.

Article 2. Main objectives of bodies of the border service

The main objectives of bodies of the border service are:

participation in carrying out the state boundary policy;

ensuring boundary safety;

protection of Frontier of the Republic of Belarus (further – Frontier);

the organization of interaction and coordination of activities of state bodies and other organizations in the field of carrying out the state boundary policy and ensuring boundary safety;

the prevention, identification and control of offenses and the administrative offenses creating threat of boundary safety (further, unless otherwise specified, – offenses), according to legal acts;

implementation of the omission through Frontier of citizens of the Republic of Belarus, foreign citizens and stateless persons (further, unless otherwise specified, – citizens), except for check points through Frontier at which such omission is performed by customs authorities, and also goods in Items of the simplified omission through Frontier.

Other tasks can be assigned to bodies of the border service by legal acts.

Article 3. Legal basis of activities of bodies of the border service

The legal basis of activities of bodies of the border service are the Constitution of the Republic of Belarus, this Law, decrees and decrees of the President of the Republic of Belarus, other acts of the legislation, and also the international agreements of the Republic of Belarus (further – the international agreements).

If the international treaty establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 4. Principles of activities of bodies of the border service

Activities of bodies of the border service are performed on the principles:

legality;

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

humanity;

inviolability of Frontier;

peaceful resolution of boundary questions and incidents;

mutually beneficial full cooperation with foreign states;

combinations of public and secret methods and means of activities;

unities of system of bodies of the border service and centralization of management of them;

independence of activities of political parties and other public associations.

Article 5. Activities of bodies of the border service and right of citizens

The state guarantees respect and observance of the rights, freedoms and legitimate interests of citizens when implementing by bodies of the border service of the activities.

Restriction of citizens in their rights and freedoms by bodies of the border service (their employees) is allowed only in the cases provided by this Law and other legal acts.

The data on private life of citizens received in the course of activities of bodies of the border service affecting their honor, the advantage or goodwill or capable to do harm to their legitimate interests, personal data cannot be transferred by bodies of the border service (their employees) to somebody without the consent of these citizens, except as specified, provided by this Law and other legal acts.

The citizens considering that actions (failure to act) of bodies of the border service (their employees) led to infringement of their rights, freedoms and legitimate interests having the right to appeal these actions (failure to act) in higher state body or to the higher official, the prosecutor or in court.

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