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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of January 21, 2016 No. 44

About procedure for application of security measures concerning protected persons

(as amended on 03-11-2021)

Based on part three of article 57 of the Law of the Republic of Belarus of July 15, 2015 No. 307-Z "About operational search activities", No. 340-Z "About the state protection" and for the purpose of realization of separate provisions of Chapter 8 of the Code of penal procedure of the Republic of Belarus the Council of Ministers of the Republic of Belarus DECIDES: parts three of article 18 of the Law of the Republic of Belarus of December 13, 1999

1. Approve Regulations on procedure for application of security measures concerning protected persons it (is applied).

2. Recognize to invalid:

the resolution of Council of Ministers of the Republic of Belarus of February 2, 2009 No. 130 "About approval of the Regulations on procedure for application of measures for safety of some participants of criminal procedure and other faces" (The national register of legal acts of the Republic of Belarus, 2009, No. 40, 5/29244);

subitem 1.46 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of December 30, 2010 No. 1910 "About modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus and recognition voided some orders of the Government of the Republic of Belarus concerning licensing" (The national register of legal acts of the Republic of Belarus, 2011, No. 11, 5/33160).

3. To the Ministry of Internal Affairs, Committee for State Security, other republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus:

provide reduction of the regulatory legal acts in compliance with this resolution;

take other measures for implementation of this resolution.

4. This resolution becomes effective since January 25, 2016.

Prime Minister of the Republic of Belarus

A. Kobyakov

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of January 21, 2016 No. 44

Regulations on procedure for application of security measures concerning protected persons

Section I. Basic provisions

Chapter 1. General provisions

1. This Provision determines single procedure for application of security measures and measures for safety concerning protected persons (further – security measures) taking into account the features of their application established by legal acts.

Action of this provision does not extend to application:

the security measures provided in Items 3, 5–8 parts one of article 6 of the Law of the Republic of Belarus "About the state protection" concerning the military personnel and faces of civil personnel of body of the state protection and their relatives;

the procedural security measures provided in part 1 of Article 66 of the Code of penal procedure of the Republic of Belarus.

2. For the purposes of this provision terms and their determinations in the values provided by the laws of the Republic of Belarus "About operational search activities", "About the state protection" and the Code of penal procedure of the Republic of Belarus and also the following terms and their determinations are applied:

2.1. the safe place – the room which is object of complete capital construction, conforming to requirements imposed to premises (living rooms), equipped with property, necessary for temporary residence of protected persons, if necessary equipped with means of communication, technical means and systems of protection, the fire-proof alarm system and also premises, the room of chamber type, punishment cell, the camera (solitary confinement) in the place of detention or serving sentence;

2.2. the documents confirming the property right or ownerships and uses of premises – the certificate (certificate) of state registration, the statement from the registration book, the employment contract of premises, other documents, confirmatory including right of possession and uses of premises;

2.3. protected persons:

the citizens rendering or rendering assistance on confidential basis to the bodies performing operational search activities and their relatives in the presence of the data testimonial of real threat of life, to health and safety of property of these citizens and their relatives;

judges, officials of the law-enforcement and controlling (supervising) bodies, military personnel and faces of civil personnel of body of the state protection, Operational analytical center in case of the President of the Republic of Belarus (their relatives in the cases provided in part two of article 2 of the Law of the Republic of Belarus "About the state protection"), the other persons who are subject to the state protection in connection with infringement of their safety in the presence of the sufficient data testimonial of reality of threat of infringement of life, health and property of specified persons in connection with their office activities (work), other activities, and also in the absence of such threat in the cases provided by the Law of the Republic of Belarus "About the state protection";

the participants of criminal procedure protecting or represented the rights and the interests, and also other participants of criminal procedure, their relatives in the presence of the sufficient data specifying that there is real threat of murder, use of violence, destruction or damage of property, implementation of other illegal actions concerning specified persons in connection with their participation in criminal procedure.

For the purposes of this provision treat participants of criminal procedure:

victims;

witnesses;

private prosecutors;

suspects, persons accused, their defenders;

representatives of the died suspects, persons accused, persons who were subject to attraction as suspects, persons accused;

legal representatives, representatives of the victims, civil claimants, civil defendants and private prosecutors;

experts, specialists, translators, witnesses;

civil claimants, civil defendants;

court session secretaries, court session secretaries are assistant judges.

Members of their families, close relatives and other persons whom they reasonably consider relatives treat relatives of participants of criminal procedure for the purposes of this provision;

2.4. confidential information about implementation of security measures and social protection (further – confidential information):

the data on the protected person which are containing in databases (accounting), information systems, and also formed in them as a result of application of security measures;

information on temporary imposing of prohibition on issue of data on personal data, the residence or the place of stay, property of the protected person, on personal data of his relatives, on change of their subscriber numbers and (or) unique codes of identification of the subscriber (the user of services of telecommunication), and also registration signs of the vehicles used by them containing in the relevant resolution or the instruction of the body ensuring safety;

data on application of security measures;

data on implementation of measures of social protection;

2.5. measures of social protection – the measures provided in article 54 of the Law of the Republic of Belarus "About operational search activities" and article 23 of the Law of the Republic of Belarus "About the state protection";

2.6. the body ensuring safety – territorial authority of internal affairs or the state security agency at the place of residence, works (services, military service) or studies of the protected person, other body performing operational search activities, or its division authorized according to normative legal and local legal acts on application of security measures;

2.7. ugrozonositel – the citizen who is source of threat of infringement of life, health and (or) property of protected persons.

3. The relevant resolutions on determination of security measures of the bodies ensuring safety and instructions which are written out on their basis are obligatory for execution by state bodies and other organizations irrespective of their patterns of ownership (further, unless otherwise specified, - state bodies, other organizations) within their competence.

4. The employer of the protected person in case of representation or provision by the body ensuring safety, instructions about taking measures to form according to appendix 1 in procedure, stipulated by the legislation about work, shall:

provide to the protected person according to its statement labor leaves, and also short-term leave non-paid for the home reasons;

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