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LAW OF THE REPUBLIC OF BELARUS

of July 10, 2012 No. 390-Z

About the state security agencies of the Republic of Belarus

(as amended on 17-05-2021)

Accepted by the House of Representatives on June 14, 2012

Approved by Council of the Republic on June 22, 2012

This Law determines legal and organizational basis of activities of the state security agencies of the Republic of Belarus (further - the state security agencies), establishes obligations and the rights of the state security agencies and their employees, guarantees of legal and social protection of staff of the state security agencies and members of their families.

Chapter 1. General provisions

Article 1. State security agencies and their appointment

The state security agencies - the state bodies ensuring within the powers conferred to them safety of the personality, society and state from internal and external threats.

The state security agencies are component of system of ensuring national security of the Republic of Belarus.

Article 2. Main objectives of the state security agencies

The main objectives of the state security agencies are:

protection of independence and territorial integrity of the Republic of Belarus, ensuring national security of the Republic of Belarus in political, economic, military, scientific and technological, information, social, demographic and ecological spheres;

assessment of current status of homeland security of the Republic of Belarus, forecasting of its development, and also development and implementation of package of measures for the prevention and identification of threats of homeland security of the Republic of Belarus, introduction according to the legislation of offers to the President of the Republic of Belarus on ensuring national security of the Republic of Belarus;

informing the President of the Republic of Belarus and according to its order of the relevant state bodies and other organizations for condition of homeland security of the Republic of Belarus;

development and holding actions for rendering assistance to state bodies and other organizations in implementation of measures in the field of political, social and economic development and scientific and technical progress of the Republic of Belarus;

the organization and implementation within the competence of counterintelligence activities and foreign intelligence;

the prevention, identification and suppression of terrorist and other extremist activities, organized crime and corruption, illegal migration, drug trafficking, psychotropic substances, their precursors and analogs, weapon, ammunition, nuclear materials and their components, and also other objects of export control, smuggling, other crimes, inquiry and pretrial investigation according to which are carried by legal acts to maintaining the state security agencies;

implementation of stipulated by the legislation powers in the sphere of the state secrets;

providing state bodies and other organizations with government and operative communication, the organization and providing within the competence of cryptographic and technical safety encoded and other types of special communication in the Republic of Belarus and the organizations of the Republic of Belarus which are beyond its limits and implementation of the state control of these activities.

Other tasks can be assigned to the state security agencies by legal acts.

Involvement of the state security agencies for the solution of the tasks which are not provided by legal acts is forbidden.

Article 3. Legal basis of activities of the state security agencies

The legal basis of activities of the state security agencies 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.

If international treaties of the Republic of Belarus establish other rules, than those which contain in this Law then are applied rules of international treaties of the Republic of Belarus.

Article 4. Principles of activities of the state security agencies

Activities of the state security agencies are performed on the principles: legality;

respect and observance of the rights, freedoms and legitimate interests of citizens of the Republic of Belarus, foreign citizens, stateless persons (further if other is not established by this Law, - citizens);

humanity;

unities of system of the state security agencies and centralization of management of them;

combinations of public and secret methods and means of activities;

independence of activities of political parties and other public associations.

Article 5. Activities of the state security agencies and right of citizens and organizations

The state guarantees respect and observance of the rights, freedoms and legitimate interests of citizens when implementing of the activities by the state security agencies.

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

Citizens and the organizations believing that their rights and legitimate interests are infringed by actions (failure to act) of staff of the state security agencies have the right to appeal these actions (failure to act) in higher body of state security or to the higher official, the prosecutor or in court.

Activities of the state security agencies, the methods and means applied by them shall not do harm to the personality, property of citizens and the organizations, and also to do harm to the environment.

The state security agencies have no right to spread the information discrediting honor, advantage or goodwill of the citizen, to disclose its personal data, data on his private life if other is not provided by this Law and other legal acts.

In case of violation by the staff of the state security agencies of the rights and freedoms of citizens the head of relevant organ of state security shall take measures for protection and recovery of these rights and freedoms, compensation of damage suffered and involvement of guilty persons to the responsibility established by legal acts.

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