RESOLUTION OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF BELARUS

of August 24, 2012 No. 277

About measures for implementation of the Presidential decree of the Republic of Belarus of December 17, 2007 No. 643

Based on subitem 7.2 of Item 7 of the Regulations on databank about citizens of the Republic of Belarus, the right on which departure from the Republic of Belarus is temporarily limited, No. approved by the Presidential decree of the Republic of Belarus of December 17, 2007 643, of subitem 9.4 of Item 9 of the Regulations on the Ministry of Internal Affairs of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 4, 2007 No. 611, the Ministry of Internal Affairs of the Republic of Belarus DECIDES:

1. Approve:

The instruction about procedure for decision making about temporary restriction, removal of temporary restriction, permission of departure from the Republic of Belarus to certain term of citizens of the Republic of Belarus (is attached);

The instruction about procedure for entering of information into databank about citizens of the Republic of Belarus, the right on which departure from the Republic of Belarus is temporarily limited, decisions on temporary restriction, removal of temporary restriction, permission of departure from the Republic of Belarus for certain term of citizens of the Republic of Belarus (is attached).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of August 24, 2012 No. 277

The instruction about procedure for decision making about temporary restriction, removal of temporary restriction, permission of departure from the Republic of Belarus to certain term of citizens of the Republic of Belarus

1. This Instruction determines procedure and form of decision making of temporary restriction of the right of citizens of the Republic of Belarus (further – citizens) on departure from the Republic of Belarus, about removal of temporary restriction of the right of citizens to departure from the Republic of Belarus, about permission to such citizens of departure from the Republic of Belarus for certain term the bodies conducting criminal procedure in connection with recognition by suspects or persons accused by criminal cases, and also the bodies and organizations performing punishment or other measures of criminal liability in connection with condemnation for crime execution, except for condemnations without assignment of punishment or to punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities based on which the corresponding data in databank on citizens, the right on which departure from the Republic of Belarus is temporarily limited, are entered.

2. Decisions on temporary restriction of the right of citizens to departure from the Republic of Belarus, on removal of temporary restriction of the right of citizens to departure from the Republic of Belarus, on permission to such citizens of the Republic of Belarus of departure from the Republic of Belarus for certain term are accepted by the body conducting criminal procedure, according to the procedure, the stipulated in Clause 132-1 Code of penal procedure of the Republic of Belarus.

3. The decision on temporary restriction of the right of citizens to departure from the Republic of Belarus in connection with condemnation for crime execution, except for condemnations without assignment of punishment or to punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, is accepted by officials of the bodies and organizations performing punishment or other measures of criminal liability in form according to appendix 1.

4. The decision on removal of temporary restriction of the right of citizens to departure from the Republic of Belarus is made by officials of the bodies and organizations performing punishment or other measures of criminal liability in form according to appendix 2 in cases:

departure of term of the penalty imposed according to the court verdict;

cancellations of conviction of court with cessation of production on criminal case;

expirations of delay of execution of the punishment;

the expirations of probation period in case of conditional non-use of punishment;

the expirations of unexpired part of punishment in case of parole from punishment;

amnesties or pardons;

releases from punishment on disease;

terminations of preventive supervision;

death, announcements the dead or recognitions it is unknown absent in the procedure established by the legislation;

availability of other bases, stipulated by the legislation.

5. The decision on permission of departure from the Republic of Belarus for certain term of citizens of the Republic of Belarus, the right on which departure from the Republic of Belarus is temporarily limited, due to the need of their participation in criminal procedure outside the Republic of Belarus or rendering medical care to them which cannot be rendered in the Republic of Belarus, or in connection with serious illness or the death of the close relative living outside the Republic of Belarus is accepted in form according to appendix 3:

officials of the bodies and organizations performing punishment or other measures of criminal liability, which made the decision on temporary restriction of the right of the citizens condemned for crime execution on departure from the Republic of Belarus;

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