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LAW OF THE REPUBLIC OF BELARUS

of July 15, 2015 No. 307-Z

About operational search activities

(as amended of the Law of the Republic of Belarus of 06.01.2021 No. 88-Z)

It is accepted by the House of Representatives on June 26, 2015

Approved by Council of the Republic on June 30, 2015

This Law determines content and procedure of operational search activities, regulates the legal relationship arising in case of its implementation.

Chapter 1. General provisions

Article 1. Operational search activities

Operational search activities - the activities performed according to this Law state bodies (further if other is not determined, - the bodies performing operational search activities) with conspiracy observance, conducting investigation and search operations publicly and secretly, directed to protection of life, health, the rights, freedoms and legitimate interests of citizens of the Republic of Belarus, foreign citizens, stateless persons (further if other is not determined, - citizens), the rights and legitimate interests of the organizations, property from criminal encroachments, safety of society and state.

Article 2. The main terms used in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are used:

relatives are close relatives and members of the family of the official of the body performing operational search activities, and also the citizen rendering or rendering assistance on confidential basis to the body performing operational search activities or other citizens whom the official of the body performing operational search activities, or the citizen rendering or rendering assistance on confidential basis to the body performing operational search activities reasonably consider relatives;

the citizen rendering or rendering assistance on confidential basis to the body performing operational search activities – the citizen attracted with the body performing operational search activities to cooperation on confidential basis, the citizen who, without being official of the body performing operational search activities participates or participated on confidential basis in operational search action or helps or promoted on confidential basis to its preparation and (or) carrying out – under the contract or according to the petition from the citizen according to this Law;

computer information – the data perceived (apprehended) by complex of program technical means;

the contract – the agreement on assistance on confidential basis signed by the body performing operational search activities with the citizen according to this Law;

the legendirovanny organization – the organization created by the body performing operational search activities for accomplishment of tasks of operational search activities or other organization used by the body performing operational search activities for accomplishment of tasks of operational search activities with preserving in secret such use;

materials of operational search activities – the operational in-house documents and material data carriers containing the procedures for conducting investigation and search operations and the data received in case of their carrying out and also other data and documents received when implementing operational search activities;

operational search action – the action method applied by the body performing operational search activities in case of accomplishment of tasks of operational search activities for the purpose of receipt of data according to this Law;

operational in-house documents – the resolution on holding operational search action, special task, the protocol of operational search action, the reference, the official report, the act, the written request and (or) request in electronic form (further – the written request) the body performing the operational search activities, the written notice of the prosecutor or his deputy and other documents which are formed when implementing operational search activities;

objects and documents – substances, the things, other objects, property rights, software products including withdrawn from circulation and restrictedly transferable, received or used when implementing operational search activities;

means of secret obtaining (fixing) of information – the technical means, the equipment, the equipment, the devices, devices, medicines, software products and other products which are specially created, developed, programmed or upgraded for secret receipt (fixing) of information when implementing operational search activities;

the regular secret employee – the official of the body performing operational search activities, data about which belongings to the body performing operational search activities remain in secret and which fulfills the job responsibilities on confidential basis.

Article 3. Tasks of operational search activities

Tasks of operational search activities are:

collection of data on the events and actions creating threat of homeland security of the Republic of Belarus;

the prevention, identification, control of offenses, and also identification of the citizens preparing them, making or who made;

search of the persons accused who disappeared from criminal prosecution authority or court and (or) the location of which these bodies do not know, citizens, missing persons (it is unknown disappeared), and also convicts to punishment in the cases established by legal acts;

establishment of personal data of citizens who died (died);

establishment of personal data of citizens who owing to the state of health or age cannot report about themselves data;

establishment of property which is subject or can be subject to arrest in criminal procedure;

safety of the citizens rendering or rendering assistance on confidential basis to the bodies performing operational search activities and their relatives, and also safety of their property from criminal encroachments, safety of other citizens according to legal acts;

collection of data for decision making on the admission of citizens to the state secrets, to the works connected with operation of the objects posing the increased hazard to life and health of citizens and the environment to participation in operational search activities, to assistance on confidential basis to the bodies performing operational search activities;

protection of the state secrets.

Article 4. Legal regulation of the relations connected with implementation of operational search activities

The relations connected with implementation of operational search activities are regulated by the legislation on operational search activities, and also international treaties of the Republic of Belarus.

The legislation on operational search activities is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 5. Principles of operational search activities

Operational search activities are performed on the principles of legality, observance of the rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of the organizations, conspiracy, conducting investigation and search operations publicly and secretly.

Article 6. Legality when implementing operational search activities

Operational search activities are performed on the basis of the Constitution of the Republic of Belarus according to this Law and other acts of the legislation.

Article 7. Observance of the rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of the organizations when implementing operational search activities

The state guarantees observance of the rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of the organizations when implementing operational search activities.

Observance of the rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of the organizations when implementing operational search activities is provided by means of establishment of obligations of the bodies performing operational search activities, determinations of procedure for conducting investigation and search operations, supervision and control of operational search activities.

Restriction of the rights, freedoms and legitimate interests of citizens, the rights and legitimate interests of the organizations when implementing operational search activities is allowed for the benefit of homeland security of the Republic of Belarus, public order, protection of morality, health of the population, the rights and freedoms of other citizens according to this Law and other legal acts.

Article 8. Conspiracy when implementing operational search activities

Operational search activities are performed with preserving in secret data:

about the organization, tactics, forces, means, methods, plans of operational search activities applied in case of accomplishment of tasks of operational search activities by the bodies performing operational search activities;

about rendering by citizens assistance to the bodies performing operational search activities;

about the citizens rendering or rendering assistance on confidential basis to the bodies performing operational search activities;

about the organizations in connection with implementation of operational search activities;

about officials of the bodies performing operational search activities who participate or participated in operational implementation, regular secret employees, and also about other officials of the bodies performing operational search activities according to acts of the legislation;

about the conducted bodies performing operational search activities, investigation and search operations and about other activities performed by them in case of accomplishment of tasks of operational search activities.

Article 9. Conducting investigation and search operations publicly and secretly

The operational search event held publicly provides the notification the official of the body performing operational search activities, the citizen concerning whom it is carried out, and receipt of consent of this citizen to its carrying out.

The operational search event held secretly is held by the official of the body performing operational search activities, without notice the citizen concerning whom it is held, and receipts of consent of this citizen to its carrying out.

Article 10. The rights and obligations of citizens in connection with implementation of operational search activities

Citizens in connection with implementation of operational search activities have the right to agree to rendering assistance to the bodies performing operational search activities or to refuse rendering such assistance.

Citizens concerning whom investigation and search operations are held or held have the right:

refuse participation in investigation and search operations which are conducted publicly;

appeal actions of the bodies performing operational search activities in the higher bodies performing operational search activities, to the prosecutor or in court according to legal acts;

on indemnification, caused to them when conducting investigation and search operations, according to acts of the legislation;

study the data received about them in cases if concerning them initiation of legal proceedings it is refused, or criminal proceeding is stopped, or criminal prosecution due to the lack of socially dangerous act provided by the penal statute, or due to the lack in their acts of actus reus is stopped, or the court pronounces the verdict of not guilty and these citizens have data on carrying out concerning their investigation and search operations and believe that actions of the bodies performing operational search activities led to violation or restriction of their rights, freedoms and legitimate interests.

The citizens involved with the bodies performing operational search activities in preparation of conducting investigation and search operations and (or) participation in them have the right:

provide to the bodies performing operational search activities on non-paid or paid basis of the data, necessary for accomplishment of tasks of operational search activities;

provide the rooms belonging to them on the property right, being at them in use, vehicles, means of communication, other property for use under the agreement to the bodies performing operational search activities;

earn reward and other payments which are not specified in the declaration on the income and property, according to this Law and other acts of the legislation;

on compensation of the costs incured in connection with their participation in the investigation and search operations, and also for elimination which came with respect thereto for them negative effects;

appeal actions of the bodies performing operational search activities in the higher bodies performing operational search activities, to the prosecutor or in court according to legal acts;

on preserving in secret data on rendering assistance by them to the bodies performing operational search activities;

refuse unilaterally the agreement performance concluded in connection with participation in operational search action, on condition of return or payment in them of everything received under this agreement;

use means of secret obtaining (fixing) of information for execution of the obligations when rendering assistance on confidential basis to the bodies performing operational search activities.

The citizens involved with the bodies performing operational search activities in preparation of conducting investigation and search operations and (or) participation in them shall:

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