Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF BELARUS

of November 4, 2003 No. 236-Z

About the state dactyloscopic registration

(as amended on 20-07-2016)

Accepted by the House of Representatives on October 2, 2003

Approved by Council of the Republic on October 17, 2003

This Law determines the legal basis of carrying out the state dactyloscopic registration in the Republic of Belarus and establishes the main requirements to obtaining, accounting, use, storage and destruction of dactyloscopic information.

Chapter 1. General provisions

Article 1. The main terms used in this Law and their determinations

In this Law the following main terms are used:

fingerprinting - receipt of prints of the skin patterns formed by papillary lines of nail phalanxes and the palmar surfaces of hands on material carriers;

the state dactyloscopic registration - the activities performed by the authorized state bodies specified in this Law on fingerprinting, accounting, use, storage and destruction of dactyloscopic information;

dactyloscopic information - the data on features of structure of papillary patterns of hands of the person fixed on material carriers, received according to this Law;

material carriers - dactyloscopic cards, magnetic and other data carriers for which data from the dactyloscopic card are postponed;

the dactyloscopic map - the form of the established sample with the image of features of structure of papillary patterns of hands of the person.

Article 2. Purposes of the state dactyloscopic registration

The state dactyloscopic registration is carried out for the purpose of establishment or confirmation of the identity of the person by creation of databank of dactyloscopic information on citizens of the Republic of Belarus, foreign citizens, persons without citizenship in the cases provided by this Law.

Article 3. Legal basis of the state dactyloscopic registration

The legal basis of the state dactyloscopic registration are the Constitution of the Republic of Belarus, this Law, other acts of the legislation, including the international agreements of the Republic of Belarus.

Article 4. Principles of the state dactyloscopic registration

1. The state dactyloscopic registration is carried out with observance of the rights and freedoms of the citizens established by the Constitution of the Republic of Belarus according to the principles of legality, humanity and confidentiality, combination of voluntariness and obligation.

2. Carrying out the state dactyloscopic registration shall not constitute health hazard of the person, degrade his honor, advantage and goodwill.

Article 5. Types of the state dactyloscopic registration

According to this Law voluntary and obligatory state dactyloscopic registration is carried out.

Article 6. Voluntary state dactyloscopic registration

1. Citizens of the Republic of Belarus, foreign citizens and persons without citizenship have the right to voluntary state dactyloscopic registration.

2. Voluntary state dactyloscopic registration is performed according to the procedure, established by the President of the Republic of Belarus.

Article 7. Obligatory state dactyloscopic registration

1. Are subject to obligatory state dactyloscopic registration:

1.1. the citizens of the Republic of Belarus called and arriving in voluntary procedure on military service in Armed Forces of the Republic of Belarus, and also called on alternative service;

1.2. the citizens of the Republic of Belarus passing military service in state bodies in which the military service, other troops and military forming of the Republic of Belarus is provided;

1.3. the citizens of the Republic of Belarus serving or working in:

law-enforcement bodies;

professional rescue services;

tax authorities;

customs authorities;

The state inspection of protection of animal and flora in case of the President of the Republic of Belarus;

bodies of financial investigations of the State Control Committee of the Republic of Belarus;

bodies of prosecutor's office;

Investigative Committee of the Republic of Belarus;

State committee of judicial examinations of the Republic of Belarus;

1.4. members of crews of air, ocean and river crafts of the Republic of Belarus;

1.5. persons working at hazardous production facilities;

1.6. the citizens of the Republic of Belarus, foreign citizens and stateless persons recognized incapacitated or limited in capacity to act by a court decision;

1.7. citizens of the Republic of Belarus, foreign citizens and stateless persons, suspected (persons accused) in crime execution or condemned for crime execution;

1.8. the faces consisting on preventive accounting in law-enforcement bodies, persons to whom the enforcement powers of safety and treatment provided by the Criminal code of the Republic of Belarus and also persons who made administrative offenses for which responsibility in the form of administrative detention is provided are applied;

1.9. the foreign citizens and stateless persons which are subject to deportation or expulsion from the Republic of Belarus;

1.10. the foreign citizens and persons without citizenship which arrived to the Republic of Belarus and who addressed with the petition for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus according to legal acts of the Republic of Belarus, except for the minors which did not reach 14-year age or foreign citizens or stateless persons to which temporary protection in the Republic of Belarus, except for the minors which did not reach 14-year age and also the foreign citizens and persons without citizenship who addressed for receipt of permission to permanent residence in the Republic of Belarus, except for the minors which did not reach 14-year age and the foreign citizens and stateless persons which reached 60-year age is provided;

1.11. persons liable for call-up.

2. Unknown corpses are subject to obligatory state dactyloscopic registration.

3. Obligatory state dactyloscopic registration is performed according to the procedure, established by the President of the Republic of Belarus.

4. The refusal of the citizens listed in Item 1 of this Article of obligatory dactyloscopic registration attracts occurrence of the legal consequences provided by legal acts of the Republic of Belarus.

Article 8. Access for citizens of the Republic of Belarus, foreign citizens and stateless persons to dactyloscopic information

Citizens of the Republic of Belarus, foreign citizens and persons without citizenship have the right to acquaintance with the dactyloscopic information affecting their rights and legitimate interests, according to the procedure, established by the legislation of the Republic of Belarus.

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