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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of November 17, 1994 No. 209

About approval of the Regulations on procedure for consideration of the questions connected with nationality of the Republic of Belarus and education in case of the President of the Republic of Belarus the Commissions on questions of nationality

(as amended on 04-08-2021)

1. Approve the enclosed Regulations on procedure for consideration of the questions connected with nationality of the Republic of Belarus.

2. Form the Commission on questions of nationality in case of the President of the Republic of Belarus and approve its structure it (is applied).

President of the Republic of Belarus

A. Lukashenko

Approved by the Presidential decree of the Republic of Belarus of November 17, 1994 No. 209

Regulations on procedure for consideration of the questions connected with nationality of the Republic of Belarus

Chapter 1. General provisions

1. This Provision determines procedure for acceptance, registration and consideration of the applications concerning nationality of the Republic of Belarus (further if other is not determined, - the statement), interactions of state bodies in case of consideration of the applications, acceptances, execution and cancellations of decisions by these questions, and also forms of statements and lists of the necessary documents and (or) materials which are the basis for acquisition and the termination of nationality of the Republic of Belarus.

2. The questions connected with nationality of the Republic of Belarus are considered according to the Constitution of the Republic of Belarus, the Law of the Republic of Belarus of August 1, 2002 No. 136-Z "About nationality of the Republic of Belarus" (further - the Law), this Provision, other acts of the legislation, and also international treaties of the Republic of Belarus.

3. The president of the Republic of Belarus makes decisions:

about acceptance in nationality of the Republic of Belarus, getting out of nationality of the Republic of Belarus and about loss of nationality of the Republic of Belarus on the basis provided in part two of article 19 of the Law in the form of decrees;

about variation of applications for admission in nationality of the Republic of Belarus and getting out of nationality of the Republic of Belarus in the form of orders.

4. Main Department of Internal Affairs of the Minsk city executive committee, the Department of Internal Affairs of regional executive committees, managements, Departments of Internal Affairs of city, district executive committees (local administrations) (further if other is not determined, - law-enforcement bodies):

accept from persons who are constantly living in the Republic of Belarus, statements check the facts and documents submitted to reasons for such statements;

acquisitions of nationality of the Republic of Belarus according to the procedure of registration and owing to recovery in nationality of the Republic of Belarus by persons who are constantly living in the Republic of Belarus, acquisitions of nationality of the Republic of Belarus by children in case of adoption (adoption), changes of nationality on the bases provided by international treaties of the Republic of Belarus resolve issues;

register loss of nationality of the Republic of Belarus by persons who are constantly living in the Republic of Belarus (except for losses of nationality of the Republic of Belarus on the basis provided in part two of article 19 of the Law);

create materials on loss of nationality of the Republic of Belarus on the basis provided in part two of article 19 of the Law;

determine belonging of persons which are in the territory of the Republic of Belarus to nationality of the Republic of Belarus;

cancel decisions on acquisition or the termination of nationality of the Republic of Belarus;

exercise control of the termination of nationality (citizenship) of foreign state (further - nationality of foreign state) at persons accepted in nationality of the Republic of Belarus;

resolve other issues connected with nationality of the Republic of Belarus according to the legislation.

5. Diplomatic representations and consular establishments of the Republic of Belarus (further if other is not determined, - bodies of diplomatic service):

accept from persons who are constantly living outside the Republic of Belarus, the statement check the facts and documents submitted to reasons for such statements;

resolve issues of acquisition of nationality of the Republic of Belarus by children in case of adoption (adoption), changes of nationality on the bases provided by international treaties of the Republic of Belarus;

register loss of nationality of the Republic of Belarus by persons who are constantly living outside the Republic of Belarus (except for losses of nationality of the Republic of Belarus on the basis provided in part two of article 19 of the Law);

determine belonging of persons which are outside the Republic of Belarus to nationality of the Republic of Belarus;

cancel decisions on acquisition or the termination of nationality of the Republic of Belarus;

exercise control of the termination of nationality of foreign state at persons accepted in nationality of the Republic of Belarus;

resolve other issues connected with nationality of the Republic of Belarus according to the legislation.

Chapter 2. Activities of the commission

6. Applications for admission in nationality of the Republic of Belarus, getting out of nationality of the Republic of Belarus together with materials of cases on them, and also materials put about loss of nationality of the Republic of Belarus on the basis provided in part two of article 19 of the Law, before submitting for examination of the President of the Republic of Belarus previously are considered by the Commission on questions of nationality in case of the President of the Republic of Belarus (further - the Commission).

7. The structure of the Commission affirms the President of the Republic of Belarus. The chairman, two vice-chairmen and members of the commission are this part. The commission has the right to invite representatives of state bodies, public associations to the meetings.

Commission session is held by the commission chairman or according to its order one of vice-chairmen. Commission session is considered competent if more than a half of its structure participates in it. Decisions of the Commission are made by a simple majority vote. In case of equality of votes the voice of the chairman is decisive.

8. In case of consideration of the application about acceptance in nationality of the Republic of Belarus or getting out of nationality of the Republic of Belarus the Commission analyzes the applicant's arguments, materials of the provided case on this statement, including the conclusions of state bodies.

Offers of the Commission on acceptance of person in nationality of the Republic of Belarus are based on comprehensive assessment of the provided materials taking into account interests of the Republic of Belarus, including the following circumstances:

the invitation of the applicant to permanent residence to the Republic of Belarus the interested state bodies;

availability dependent on the applicant of children - the citizens of the Republic of Belarus born in the scrap concluded with the citizen of the Republic of Belarus;

employment of the applicant in social and economic, scientific, sports, cultural spheres, including in the regions of the Republic of Belarus feeling the need for the corresponding specialists;

investment the applicant of investments in the territory of the Republic of Belarus in the amount of at least fifteen thousand basic sizes by the methods which are not forbidden by legal acts;

implementation by the applicant of the activities promoting development of communications of the Republic of Belarus with other states and the international organizations, strengthening of her international authority.

In case of variation of the application for admission in nationality of the Republic of Belarus or getting out of nationality of the Republic of Belarus the repeated application for admission in nationality of the Republic of Belarus or getting out of nationality of the Republic of Belarus can be considered not earlier than in year after adoption of the prior decision. In case of circumstances, essential to case, which were not and could not be known to the applicant the repeated application can be considered earlier.

9. By consideration of materials about loss of nationality of the Republic of Belarus on the basis provided in part two of article 19 of the Law, the Commission analyzes contents of the conclusions of state bodies and materials of the provided case.

Offers of the Commission on materials about loss by person of nationality of the Republic of Belarus on the basis provided in part two of article 19 of the Law are based on comprehensive assessment of the provided materials taking into account interests of the Republic of Belarus.

10. The commission has the right to request additional documents and (or) materials from the relevant state bodies, other organizations which shall submit them within the term established by the Commission.

The commission can return case papers to the Ministry of Internal Affairs (further - the Ministry of Internal Affairs) or the Ministry of Foreign Affairs (further - the MFA) for conducting additional check and registration according to the requirements containing in the Law and this Provision.

11. Decisions of the Commission with offers on applications for admission in nationality of the Republic of Belarus, getting out of nationality of the Republic of Belarus, and also on materials about loss of nationality of the Republic of Belarus on the basis provided in part two of article 19 of the Law are drawn up by the protocol signed by members of the commission who participated in meeting and submitted for consideration of the President of the Republic of Belarus together with drafts of the relevant decrees and orders of the President of the Republic of Belarus.

In case of need at the request of the commission chairman decision making by personal poll of members of the commission is allowed. The decision is drawn up by the protocol in accordance with the established procedure.

Activities of the Commission are provided with Administration of the President of the Republic of Belarus.

Chapter 3. Procedure for giving and execution of statements and other documents and (or) materials concerning nationality of the Republic of Belarus

12. Reception of applications is performed at the place of residence of applicants:

constantly living in the Republic of Belarus, - law-enforcement bodies;

constantly living outside the Republic of Belarus, - bodies of diplomatic service.

If in the state of permanent residence of person wishing to file petition there is no body of diplomatic service, the statement is taken cognizance in the body of diplomatic service which is in other next foreign state.

13. The application is submitted by person which reached 18-year age, personally in writing with indication of date of its writing. Statements concerning nationality of the child or person which reached 18-year age over which are established guardianship or custody (further - the ward) move their legal representatives (the exclusive legal representative).

In case of impossibility of the personal address of the applicant in connection with the circumstances having exclusive nature and documented, its statement and documents attached to it and (or) materials can be transferred for consideration through other person or are directed by mail. In these cases authenticity of the signature of the applicant and fidelity of copies of the relevant documents and (or) materials which representation is provided by this Provision, is witnessed by the notary or person authorized on making of notarial actions.

14. In case of personal filing of application about acquisition or the termination of nationality of the Republic of Belarus in law-enforcement body or body of diplomatic service by the applicant the document proving his identity and also the documents confirming availability or lack of nationality, the place of its accommodation, except for the documents issued in connection with office or professional activity of the applicant (the service (official) passport, the diplomatic passport, the national identity certificate of the seaman) shall be shown.

For implementation of check of the bases provided in Articles 16, 16-1 and 20 Laws if receipt of data from competent authorities of foreign states is required, the applicant gives the corresponding consent expressed in writing which is certified by the official who adopted the statement. In the cases specified in part two of Item 13 of this provision, such consent is certified by the notary or person authorized on making of notarial actions.

In case of change (change) by the applicant of surname, own name or middle name (if that is available) the document confirming the fact of change (change) is submitted.

15. The official of law-enforcement body or body of diplomatic service shall find out opinion of the applicant and other parent, adoptive father (adopter) on change of nationality of his child.

If the location of other parent, adoptive father (adopter) is unknown or it is impossible to receive its consent to change of nationality of the child, except the cases specified in part three of this Item, the applicant one of the following documents is submitted:

the copy of the judgment about recognition of other parent, adoptive father (adopter) incapacitated;

the copy of the judgment about deprivation of other parent of the parent rights;

copy of the death certificate of other parent, adoptive father (adopter);

the copy of the judgment about the announcement of other parent, adoptive father (adopter) the dead;

the copy of the judgment about recognition of other parent, adoptive father (adopter) it is unknown absent;

the copy of the judgment about cancellation of adoption (adoption);

the document, confirmatory that other parent, the adoptive father (adopter) is wanted (in case of change of nationality of the child living outside the Republic of Belarus);

the reference of the body registering acts of civil status, archive of the body registering acts of civil status, head departments of justice Minsk city, regional executive committees, containing data from the birth statement if record about parents of the child is made according to article 55 of the Code of the Republic of Belarus about scrap and family, or its copy.

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