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LAW OF THE REPUBLIC OF BELARUS

of January 13, 2003 No. 185-Z

About warlike situation

(as amended on 14-07-2021)

It is accepted by the House of Representatives on December 11, 2002

Approved by Council of the Republic on December 20, 2002

This Law establishes the legal basis of warlike situation in the territory of the Republic of Belarus, procedure for its introduction and cancellation, determines measures for providing warlike situation, legal status of citizens and the organizations in the period of warlike situation.

Chapter 1. General provisions

Article 1. Main terms and their determinations

In this Law the following main terms and their determinations are applied:

military censorship - system of the state control of contents of the messages and materials prepared for placement in mass media, networks of telecommunication, and also behind contents of mailings, established for warlike situation;

warlike situation - the particular legal regime which is temporarily entered in the territory of the Republic of Belarus in case of military threat or in case of attack (the act of the armed aggression) on the Republic of Belarus (further - attack), connected with provision to state bodies, bodies of military management, local councils of defense of the powers necessary for elimination of military threat or reflection of attack and also with temporary restriction of the rights and freedoms of citizens of the Republic of Belarus, foreign citizens and stateless persons (further if other is not provided, - citizens), the rights of the organizations, assignment on them of the obligations established according to this Law;

internment - the forced settlement in the certain places of citizens of the foreign state (foreign states) which committed (committed) assault, staying in the territory of the Republic of Belarus in wartime;

the curfew - the established time of day during which citizens are forbidden to be out of dwellings, to move between settlements without the documents proving or confirming their personality and omissions for finding of citizens out of the dwelling and movement between settlements (further - the omission).

Article 2. Legal basis of warlike situation

The legal basis of warlike situation is constituted by 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.

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 3. Purpose of introduction of warlike situation

The purpose of introduction of warlike situation is creation of necessary conditions for elimination of military threat or reflection of attack.

Chapter 2. Introduction of warlike situation and its cancellation

Article 4. Bases for introduction of warlike situation

The bases for introduction of warlike situation in the territory of the Republic of Belarus are the military threat or attack.

Military threat any of the following actions is recognized:

declaration of war to the Republic of Belarus from other state (other states) without making of the actions provided by part three of this Article;

the concentration of armed forces of other state (the coalition of the states) along Frontier of the Republic of Belarus specifying real intention to use the armed force against independence, territorial integrity, sovereignty and the constitutional system of the Republic of Belarus;

emergence of the centers of the armed conflicts directed against independence, territorial integrity, sovereignty and the constitutional system of the Republic of Belarus;

carrying out in other state (the coalition of the states) of mobilization for the purpose of attack;

other activities, including statements and demonstration of force, other state (the coalition of the states), and also non-state actors, including the terrorist and extremist organizations, located in the territory of other state (other states), performed in defiance of Articles of organization of the United Nations and specifying preparation for attack or unleashing of internal armed conflict.

According to the conventional principles and rules of international law attack irrespective of declaration of war by other state (other states) any of the following actions is recognized:

invasion of armed forces of other state (the coalition of the states) on the territory of the Republic of Belarus or military occupation whatever it was temporary, annexation of the territory of the Republic of Belarus or its part using the armed force;

the rocket and aviation blows struck by armed forces of other state (the coalition of the states) on the territories of the Republic of Belarus, or use of any other weapon by other state (the coalition of the states) against the Republic of Belarus;

the armed impact of other state (the coalition of the states) on Armed Forces of the Republic of Belarus (further – Armed Forces), other troops and military forming;

actions of other state (the coalition of the states) allowing (allowing) to use the territory to the third state (the third states) for attack;

zasylka other state (the coalition of the states) or on behalf of other state (the coalition of the states) on the territory of the Republic of Belarus of the armed gangs (groups), irregular forces, mercenaries or divisions of the active armed forces using the armed force against the Republic of Belarus;

the act of the armed aggression from any state or the coalition of the states made against the State Party of the Collective Security Treaty Organization;

other actions connected using other state (the coalition of the states) of the armed force against independence, territorial integrity, sovereignty and the constitutional system of the Republic of Belarus otherwise, incompatible with Articles of organization of the United Nations.

Article 5. Introduction of warlike situation

Martial law is imposed by the presidential decree of the Republic of Belarus with entering into three-day term of the made decision on approval of Council of the Republic of National assembly of the Republic of Belarus.

Article 5-1. Introduction of warlike situation in special circumstances

In case of death of the President of the Republic of Belarus as a result of attempt at his life, making of the act of terrorism, external aggression, owing to other actions of violent nature without delay based on the decision of the Security Council of the Republic of Belarus in accordance with the established procedure in the territory of the Republic of Belarus martial law is imposed (if the decision on introduction of emergency state is not made).

In the circumstances specified in part one of this Article:

the Prime Minister of the Republic of Belarus presides over meetings of the Security Council of the Republic of Belarus;

state bodies, their officials are effective according to decisions of the Security Council of the Republic of Belarus;

The Security Council of the Republic of Belarus determines the list of the measures for providing warlike situation which are subject to application according to article 15 of this Law.

Decisions of the Security Council of the Republic of Belarus on realization of the powers provided by parts one and the second this Article:

are obligatory for all state bodies, other organizations, officials and citizens;

are subject to immediate execution;

are accepted by secret vote by a majority vote of permanent members of the Security Council of the Republic of Belarus, but at least than two thirds of voices of their total number.

In case of non-execution or improper execution by heads of state bodies, other organizations, other officials of decisions of the Security Council of the Republic of Belarus this state body has the right:

dismiss such persons;

appoint other persons to the corresponding position.

Article 6. Contents of the presidential decree of the Republic of Belarus about introduction of warlike situation

In the presidential decree of the Republic of Belarus about introduction of warlike situation are determined:

the circumstances which formed the basis for introduction of warlike situation;

date and time of the beginning of action of warlike situation.

Article 7. Promulgation of presidential decrees of the Republic of Belarus about introduction of warlike situation and its cancellation. Informing on temporary restrictions of the rights and freedoms of citizens

Presidential decrees of the Republic of Belarus about introduction of warlike situation and its cancellation are subject to immediate official publication, and also distribution through other mass media or other public means of communication.

State bodies which competence the questions containing in the International Covenant on Civil and Political Rights of December 16, 1966 enter (further - the International Covenant on Civil and Political Rights), no later than the day following behind day of introduction of warlike situation inform the Ministry of Foreign Affairs on provisions of the International Covenant on Civil and Political Rights from which the Republic of Belarus departed, and about the reasons which induced to such decision.

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